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Home My WebLink About2007/10/16 Agenda Packet I declare under penalty of perjury that I am employed by the City of Chula Vista in the Office of the City Clerk and that I posted this , r! document on the bulletin board according to ~, ~ Actrequirements. . ::~~ :::: '0,., 7 ~~. ~~~-- o Signed IU'-' VA-? " ...... --~ ellY OF CHULA VISTA AJ Cheryl Cox, Mayor Rudy Ramirez, Council member David R. Garcia, City Manager John McCann, Council member Ann Moore, City Attorney Jerry R. Rindone, Council member Susan Bigelow, City Clerk Steve Castaneda, Council member October 16, 2007 6:00 P.M. Council Chambers City Hall 276 Fourth Avenue CALL TO ORDER ROLL CALL: Councilmembers Castaneda, McCann, Ramirez, Rindone, and Mayor Cox PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . PRESENTATION BY MAYOR COX OF A PROCLAMATION TO KURT HONOLD, MAYOR OF TIJUANA, MEXICO, PROCLAIMING TUESDAY, OCTOBER 23, 2007 AS MAYOR KURT HONOLD DAY IN THE CITY OF CHULA VISTA, CALIFORNIA . PRESENTATION BY MAYOR COX OF A PROCLAMATION TO LUIS GUTIERREZ OF THE NATIONAL FEDERATION OF THE BLIND OF CALIFORNIA PROCLAIMING TUESDAY, OCTOBER 16, 2007 AS W1llTE CANE & GUIDE DOG SAFETY DAY IN CHULA VISTA, CALIFORNIA CONSENT CALENDAR (Items 1 through 6) The Council will enact the Consent Calendar staff recommendations by one motion, without discussion, unless a Councilmember, a member of the public, or City staff requests that an item be removed for discussion. If you wish to speak on one of these items, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. Items pulled from the Consent Calendar will be discussed immediately following the Consent Calendar. P'e II/IE-D- ..sLec//fL Otf:D0fl' f) C of fH~ D197 ~V?-- :-~~ - ~ -- '~~~~ CIlY OF CHULA VISTA u . ITY OUN .. Cheryl Cox, Mayor Rudy Ramirez, Councilmember David R. Garcia, City Manager John McCann, Council member Ann Moore, City Attorney Jerry R. Rindone, Council member Susan Bigelow, City Clerk Steve Castaneda, Council member October 16, 2007 6:00 P.M. Council Chambers City Hall 276 Fourth Avenue CALL TO ORDER ROLL CALL: Councilmembers Castaneda, McCann, Ramirez, Rindone, and Mayor Cox PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY -x- . . ,f13 (//JEJ) ])ItT& PRESENTATION BY MAYOR COX OF A PROCLAMATION TO KURT HONOLD, MAYOR OF TIJUANA, MEXICO, PROCLAIMING TUESDAY, OCTOBER 16,2007 AS MAYOR KURT HONOLD DAY IN THE CITY OF CHULA VISTA, CALIFORNIA . PRESENTATION BY MAYOR COX OF A PROCLAMATION TO LUIS GUTIERREZ OF THE NATIONAL FEDERATION OF THE BLIND OF CALIFORNIA PROCLAIMING TUESDAY, OCTOBER 16, 2007 AS WHITE CANE & GUlDE DOG SAFETY DAY IN CHULA VISTA, CALIFORNIA CONSENT CALENDAR (Items 1 through 6) The Council will enact the Consent Calendar staff recommendations by one motion, without discussion, unless a Councilmember, a member of the public, or City staff requests that an item be removed for discussion. If you wish to speak on one of these items, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. Items pulled from the Consent Calendar will be discussed immediately following the Consent Calendar. 1. APPROV AL OF MINUTES of the Adjourned Regular Meeting of August 2, 2007, the Regular Meeting of August 7, 2007, the Adjourned Regular Meeting of August 11, 2007, the Regular Meeting of August 14,2007, and the Adjourned Regular Meeting of August 16,2007. Staff recommendation: Council approve the minutes. 2. WRITTEN COMMUNICATION Memorandum from Deputy Mayor Rindone requesting an excused absence from the Regular Meeting of October 9,2007. Staff recommendation: Council excuse the absence. 3. ORDINANCE OF THE CITY OF CHULA VISTA ALLOWING THE TEMPORARY PLACEMENT OF PORTABLE SIGNS IN DESIGNATED PORTIONS OF THE PUBLIC RIGHTS-OF- WAY WITH A PERMIT (SECOND READING) Adoption of the ordinance establishes a new chapter in Title 12 regulating temporary placement of portable signs in the public rights-of-way, and establishes a fee in the master fee schedule to cover the cost of administering such a program. This ordinance was first introduced on October 9, 2007. (Planning and Building Director) Staffrecommendation: Council adopt the ordinance. 4. ORDINANCE OF THE CITY OF Chula Vista AMENDING THE DEFINITIONS IN TITLE 19 SECTIONS 19.60.060 AND 19.60.600 (SECOND READING) This ordinance is a companion item to the portable sign ordinance. Adoption of the ordinance amends Sections 19.60.060 and 19.60.600 of the Chu1a Vista Municipal Code to avoid contradictions, and establish maximum height requirements for "for sale" signs in residential zones that reflect industry practice and standard. This ordinance was first introduced on October 9,2007. (Planning and Building Director) Staff recommendation: Council adopt the ordinance. 5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING INFORMAL BIDS AND A WARDING A CONTRACT FOR THE NORTH PONY LEAGUE IMPROVEMENTS AT EUCALYPTUS PARK (PR-286) PROJECT TO MERZ CONSTRUCTION, INC. Per Section 1009 of the City's Charter, the Engineering and General Services Director, in an effort to secure competitive prices from interested contractors, invited four contractors to submit informal bids for the construction of improvements to the North Pony League Field at Eucalyptus Park. The final date for submittal of informal bids was April 12, 2007, which was extended to May 9, 2007 due to a lack of responses to the original request for bids. (Engineering and General Services Director) Staff recommendation: Council adopt the resolution. Page 2 - Council Agenda http://www . chulavistaca. gOY October] 6, 2007 6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A GRANT FROM THE KAISER FOUNDATION HOSPITALS, SOUTHERN CALIFORNIA REGION COMMUNITY BENEFIT CHARlTABLE CONTRlBUTIONS PROGRAM FOR THE IMPLEMENTATION OF A KAISER PERMANENTE CHULA VISTA KIDS (KP/CV KIDS) HEALTH PROMOTION PROGRAM, AND APPROPRIATING FUNDS THEREFOR (4/5THS VOTE REQUIRED) Grant funding will provide all equipment, course materials, community outreach, coordination and logistical support for the implementation of one six-week session of the KP/CV KIDS health promotion program which helps to improve the way families eat and exercise. The program is designed for children age 5 to 12 years, and their family members and its goal is to promote healthy eating and increase physical activity through focus on family-based behavioral goals to affect changes in the family. (Recreation Director) Staff recommendation: Council adopt the resolution. ITEMS REMOVED FROM THE CONSENT CALENDAR PUBLIC COMMENTS Persons speaking during Public Comments may address the Council on any subject matter within the Council's jurisdiction that is not listed as an item on the agenda. State law generally prohibits the Council from taking action on any issue not included on the agenda, but, if appropriate, the Council may schedule the topic for future discussion or refer the matter to staff Comments are limited to three minutes. ACTION ITEMS The Item listed in this section of the agenda will be considered individually by the Council, and is expected to elicit discussion and deliberation. If you wish to speak on any item, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. 7. CONSIDERATION OF ADOPTION OF A RESOLUTION OF INTENT TO APPROVE AN AMENDMENT TO A CONTRACT WITH THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM TO PROVIDE SECTION 20903 - TWO YEARS ADDITIONAL SERVICE CREDIT, FOR LOCAL MISCELLANEOUS MEMBERS AND LOCAL SAFETY MEMBERS, POLICE AND FIRE, A RESOLUTION ADOPTING A MEDICAL INCENTlVE PROGRAM, AND FIRST READING OF AN ORDINANCE TO AUTHORlZE THE AMENDMENT TO THE CONTRACT Staff is recommending the City amend both Miscellaneous and Safety contracts between the Board of Administration of the California Public Employees' Retirement Board (CaIPERS) and the City ofChula Vista to provide Section 20903 - Two Years Additional Service Credit, as well as approve a medical incentive program for eligible employees. (Human Resources Director) Page 3 - Council Agenda httn ://y,,"WW .chulavlstaca. IWV October 16, 2007 Staff recommendation: Council adopt the following resolutions, and place the ordinance on first reading: A. RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA TO APPROVE AN AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF CHULA VISTA TO PROVIDE SECTION 20903 (TWO YEARS ADDITIONAL SERVICE CREDIT) FOR LOCAL MISCELLANEOUS MEMBERS AND LOCAL SAFETY MEMBERS (POLICE AND FIRE) B. ORDINANCE OF THE CITY OF CHULA VISTA AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF CHULA VISTA AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM (FIRST READING) C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA TO APPROVE THE ADOPTION OF THE MEDICAL INCENTIVE PROGRAM FOR ELIGIBLE EMPLOYEES WHO RETIRE UNDER THE TWO YEARS ADDITIONAL SERVICE CREDIT PROVISION OTHER BUSINESS 8. CITY MANAGER'S REPORTS 9. MAYOR'S REPORTS A. Consideration of designation of a voting delegate for the National League of Cities, 2007 Congress of Cities - Annual Business Meeting to be held Saturday, November 17, 2007 in New Orleans, Louisiana. B. Ratification ofthe appointment of Neil S. Wright to the Commission on Aging. C. Ratification of the appointment of Krisopher Austin to the Child Care Commission. 10. COUNCIL COMMENTS CLOSED SESSION Announcements of actions taken in Closed Session shall be made available by noon on Wednesday following the Council Meeting at the City Attorney's office in accordance with the Ralph M Brown Act (Government Code 54957.7). I I. CONFERENCE WITH LEGAL COUNSEL REGARDING INITIA TION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(c) Two cases ADJOURNMENT to the Regular Meeting of October 23, 2007 at 6:00 p.m. in the Council Chambers. Page 4 - Council Agenda httn ://www.chulavistac3.!?oy October 16, 2007 In compliance with the AMERICANS WITH DISABILITIES ACT The City of Chula Vista requests individuals who require special accommodations to access, attend, and/or participate in a City meeting, activity, or service request such accommodation at least forty-eight hours in advance for meetings and five days for scheduled services and activities. Please contact the City Clerk for specific information at (619) 691-5041 or Telecommunications Devices for the Deaf (TDD) at (619) 585-5655. California Relay Service is also available for the hearing impaired. Page 5 - Council Agenda htto ://W\\'''' .ch ulavistac3. gOV October] 6, 2007 DRAFT MINUTES OF ADJOURNED REGULAR MEETlNGS OF THE CITY COUNCIL, GROWTH MANAGEMENT OVERSIGHT COMMISSION AND PLANNING COMMISSION OF THE CITY OF CHULA VISTA August 2, 2007 6:00 P.M. Adjourned Regular Meetings of the City Council, Growth Management Oversight Commission, and Planning Commission of the City ofChula Vista were called to order at 6:16 p.m. at the John Lippitt Public Works Center, 1800 Maxwell Road, Chula Vista, California. ROLL CALL: Councilmembers: Castaneda (arrived at 6:30 p.m.), McCann, Ramirez, Rindone (arrived at 7:25 p.m.), and Mayor Cox Growth Management Oversight Commissioners: Acerro (arrived at 6:53 p.m.), Clayton, Garcia, Hall, Jones, Krogh, Palma, Chair O'Neill Planning Commissioners: Bensoussan (arrived at 8:41 p.m.), Clayton, Felber, Moctezuma, Spethman, Vinson, and Chair Tripp ABSENT: Growth Management Oversight Commissioner Garcia ALSO PRESENT: City Manager Garcia, City Attorney Moore, City Clerk Bigelow, and Senior Deputy City Clerk Peoples PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE PUBLIC HEARING 1. REVIEW OF THE GROWTH MANAGEMENT OVERSIGHT COMMISSION'S 2006 ANNUAL REPORT Each year, the Growth Management Oversight Commission (GMOC) submits its annual report to the Planning Commission and City Council regarding compliance with the City's II quality-of-life threshold standards. The 2007 annual report covers the period from July I, 2005 through June 30, 2006; identifies current issues in the second half of 2006 and early 2007; and assesses any threshold compliance concerns looking forward over the next five years. The report discusses each threshold in terms of current compliance, issues, and corresponding recommendations. (Planning and Building Director) Planning and Building Director Sandoval thanked everyone involved in the process, noting that the program was still considered state-of-the-art both statewide and nationally. He then discussed the General Plan Growth Management Element, growth management ordinance, and growth management guidelines. lA I I - j DRAFT PUBLIC HEARING (continued) GMOC Chairman, Kevin O'Neill expressed appreciation for the time and professional expertise provided by City staff, as well as the school districts, water districts, and Air Pollution Control District for helping complete the annual report. He expressed special thanks to Rabbia Phillip, Frank J. Herrera-A, Stan Donn and Ed Batchelder, as well as former Growth Management Coordinator Mark Stephens, who provided direct staff support to the Commission. Chair O'Neill recognized the GMOC Commissioners and spoke regarding their diverse backgrounds and dedication to their assigned tasks as Commissioners. He went on to provide an overview of the growth management program, including its creation, the types of review performed, and the 11 quality of life indicators, including those under City control, as well as external control. He noted that nine were in compliance and tw02 were not. Additionally, Mr. O'Neill stated that the GMOC held its first public workshop/retreat for the purpose of informally discussing existing GMOC thresholds and proposing potential future thresholds, and stated he was of the opinion that a comprehensive review of existing thresholds should be conducted and additional thresholds considered. In closing, Mr. O'Neill advised the Council that the referrals from the 2006 review cycle had been considered and evaluated as part of this year's review, and that the GMOC had concluded that the police and traffic thresholds, and perhaps the inclusion of a mechanism to address a future transportation element, should be further reviewed and discussed during the GMOC's next cycle. GMOC Chair O'Neill then provided a topic-by-topic review of the 11 quality of life indicators, along with this year's findings and recommendations. They included: Fiscal, Air Quality, Sewer, Water, Drainage, Parks & Recreation, Fire/EMS, Traffic, Schools, Police, and Library. Associate Planner Herrera-A provided the staff response for each indicator, and Chair O'Neill provided the GMOC response to the staff response. GMOC Chair O'Neill then concluded the presentation with the 2007 threshold standard - annual review summary for the period of July 1, 2005 through June 20, 2006. Mayor Cox opened the public hearing. Peter Watry, Chula Vista resident, spoke regarding the need for parks on the west side of the City, and requested that the Council designate the empty area to the east of the KOA as the Lower Sweetwater Community Park. He stated that he would be submitting a proposal that would include soccer fields, picnic tables, a tot lot, connection to the equestrian center, and natural open space, with a self financing means by which to pay for the park and improvements without using tax dollars. Mr. Watry then asked the Council to reject any development proposals for residential use of the area. There being no further members of the public wishing to speak, Mayor Cox closed the public hearing. Mayor Cox next opened each threshold for discussion by the Council and Commission members. Page 2 - CounciVGMOCIPC Minutes / jt.; - '7 : r, ..::.- August 2, 2007 DRAFT PUBLIC HEARlNG (continued) Councilmember Ramirez asked what the GMOC expected to develop as a result of its discussion of the independent financial review. Planning and Building Director Sandoval responded that a methodology was being worked on to determine what thresholds should be established, and that a report would be brought back to the Council in the future. Commissioner Vinson asked the housing numbers were accurate. Director Sandoval responded that they were estimates conservatively on the high side for GMOC purposes. Commissioner Acerro stated that the air quality thresholds appeared to be about turning in reports about programs available, but did not address compliance or measurable accountability. Director Sandoval stated that air quality was hard to measure, but staff had tried to place requirements in all master planned developments. Further, he noted that Chula Vista had done a better job than most municipalities, noting that staff does measure requirements, make sure developers follow the process, and documents days when the air quality thresholds were not met. Councilmember Castaneda stated that a distinction needed to be drawn between City buildings and activities and things that could not be controlled, such as single-occupancy vehicles. Chula Vista was doing well as a City, but the lion's share of greenhouse gasses was from vehicles, and it was not clear what could be done to convince people not to drive everywhere. Deputy Mayor Rindone explained actions SANDAG had taken to make a difference. Commissioner Spethman asked if any consideration had been given to building a sewage treatment facility for the City. Assistant City Manager/City Engineer Tulloch responded that the City was looking at a number of approaches, including the purchase of additional capacity, building a treatment plant, and leasing rather than buying additional capacity. A report will be presented to the Council within six months. Commissioner Moctezuma stated that everyone needed to be very forward thinking about water demands, perhaps taking a more aggressive approach to conservation now in order to avoid future problems. Commissioner Felber requested that in future reports, both demand and capacity as they relate to the City be provided for the Otay Water District, as is done for the Sweetwater Authority. Councilmember McCann asked the current status of the Rancho del Rey Library. Finance Director Kachadoorian provided an update on the review of the finance options, delays involved, and priorities for use of designated funding shifted to other projects by the Council. Assistant Library Director Brown-Peeling stated that if things went as planned, the new library would open in January 2009. In response to a question by Commissioner Felber, Assistant Director Brown-Peeling responded regarding the use of County libraries within the Chula Vista jurisdiction taken into planning considerations. Page 3 - CouncillGMOC/PC Minutes August 2, 2007 JA-3 DRAFT PUBLIC HEARING (continued) Mayor Cox asked about the timing of the master plan and fourth library in Eastlake Center. Assistant Director Brown-Peeling responded that the current plan was intended to be a la-year plan and would build the Rancho del Rey library; as part of the planning process, a fourth and final library would be offered in the eastern urban center. Councilmember Ramirez noted that it was important to remember the commitments made for providing libraries as part of community infrastructure. Further, he stated he did not know whether or not there was a need to change the standard for libraries, but that staff should possibly consider different standards because of the Internet and technology to measure whether libraries are providing the level of service that meets with Chula Vista residents' quality-of-life expectations. Deputy Mayor Rindone noted that the schools offered good libraries, as well. At 8:10 p.m., Mayor Cox recessed the meeting. At 8:22 p.m., she reconvened the meeting with all members previously present in attendance. Budget and Analysis Director VanEenoo responded to Commissioner Krough's mquuy regarding financing ofthe library and figures included in the report. Councilmember Castaneda asked that a report be provided to the Council in the future when a priority project was established that would require funding to be shifted from another project so the Council would better understand the implications of the expenditures they approve and the ability to provide the facilities that the neighborhoods expect and deserve. GMOC Chair O'Neill suggested that when looking at the lack of library capacity, staff also look at required staffing and hours of operation per square footage. Planning Commission Chair Tripp said he thought the reallocation of funds from the library to police and fire were well placed, even though a library was still needed. Commissioner Acerro spoke regarding the drainage threshold, and concurred with the GMOC recommendation to measure water quality as part of the threshold next year. In response to a question by Mayor Cox, Assistant City Manager/City Engineer Tulloch explained that when the storm water permit was updated, new requirements, some of which were unfounded state mandates, were added that would be passed on to all co-permittees. The issue has been working its way up tiIrough the courts. A favorable court ruling would allow the next step to be taken to address the situation. He then provided an example, citing that the average fee throughout the state is $5 per dwelling Commissioner Krough expressed concern with the permitting process for the cleaning of flood control channels. Assistant City Manager/City Engineer Tulloch explained that this was a regional issue, and jurisdictions have joined together to affect the permit process. Page 4 - Council/GMOC/PC Minutes '1\ '..: / ' . . J _..~ '; / August 2, 2007 DRAFT PUBLIC HEARINGS (Continued) Public Works Operations Director Byers responded to questions from Councilmember Ramirez regarding the completion of several reports that were contracted out, but not yet completed. He cited several issues, including the fact that the cities, county, port and airport authority all have different requirements, some which conflict with each other. Thus, the consultants are still working on the report. Commissioner Moctezuma asked about the parks and recreation thresholds, and requested that one be established for the west side immediately, if there was not one already in place. Parks and Recreation Director Martin addressed her concerns. Mayor Cox stated that as the Sweetwater Union High School District continues to pursue administration buildings and looking at density and development, it should determine that land at the intersection near Fifth and Oxford could be used for a park. Councilmember McCann added that two large parks were included as part of the bayfront master plan, and were a key portion of bringing parks to the west side of the City. Councilmember Ramirez asked about the standard currently used for the development of parks. Parks and Recreation Director Martin stated that any new development would be assessed three acres per 1,000 density as part of the development formula. Recreation Supervisor Mariano stated that the GMOC would be looking at mechanisms for monitoring, and were currently using population with existing park inventory. In the fall, they will begin monitoring new units in the west against corresponding acreage and will be doing the same on the east. Budget and Analysis Director VanEenoo stated that staff was looking at updating the Park Acquisition and Development (PAD) Fees for the west side. City Attorney Moore added that the 3/1000 ratio came from state law known as the Quinby Act, which allows a City to impose a fee on new development requiring three acres per 1000 residents. Councilmember Ramirez asked staff to provide data from the original study supporting the initial fees that were established. GMOC Chair Tripp invited Councilmember Ramirez to join them in their retreat at the beginning of the next cycle to gain a better understanding of the process they go through to determine if thresholds are met. Planning Commission Chair Tripp asked about police response times between 7 and 10 minutes. Police Chief Emerson responded that anything over 10 minutes was tracked separately and reviewed specifically per Council request. Deputy Mayor Rindone added that all response times were broken down by call type. He then expressed his appreciation to the Chief and staff for the diligence in addressing the Priority 1 calls. Page 5 - Council/GMOC/PC Minutes August 2, 2007 IA~5 DRAFT PUBLIC HEARING (continued) Conunissioner Vinson asked the difference between response times on the east and west sides of the City. Chief Emerson responded that the City is divided into beats, the eastern side beats being larger, which impacts response times. He then noted that since the 2005/2006 report, the department had put more officers on the street, thus reducing priority 2 responses. In order to assist further, staff was evaluating new technology available, such as an automatic vehicle locator that, if placed in all patrol vehicles, would assist dispatch in getting the closest unit to the scene. This, however, as well as an increase in staff for the eastern beat, would require additional funding. Conunissioner Felber asked when State Route 125 would be completed, as the report indicated sununer 2007. Mayor Cox stated that she had been informed it would open the end of September, and a firmer date would be available mid-August. Conunissioner Moctezuma stated that it was not clear from the charts how it was determined that the traffic thresholds were met. Principal Civil Engineer Rivera said the next report would show the results of projects completed along the I-80S corridor. He also conunented on the timing of traffic signals, noting that they were set to favor the street with the most traffic. Commissioner Acerro spoke regarding traffic issues. Mr. Rivera explained the evaluation prioritization processes. During discussion of the schools threshold, GMOC Chair O'Neill noted that there was capacity in both the elementary and high school districts. Mayor Cox noted that temporary classrooms had been removed and new classrooms built. Mayor Cox thanked Planning Conunission Chair Tripp for the Planning Commission's deliberations and actions. City Attorney Moore noted that the Planning Conunission would be accepting the 2007 GMOC report and reconunending its acceptance by the Council. ACTION: Planning Conunissioner Vinson moved to adopt Planning Conunission Resolution No. PCM-06-12 as amended, heading read, text waived: RESOLUTION NO. PCM 06-12, RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA ACCEPTING AND FORWARDING THE 2007 GMOC ANNUAL REPORT AND RECOMMENDING ACCEPTANCE AND APPROVAL BY THE CITY COUNCIL Conunissioner Felber seconded the motion, and it carried 7-0. ACTION: Deputy Mayor Rindone moved to adopt Resolution No. 2007-198 as amended, heading read, text waived as revised to remove the words "and approving" from the heading: Page 6 - Council/GMOC/PC Minutes lA-&' August 2, 2007 DRAFT PUBLIC HEARlNG (continued) RESOLUTION NO. 2007-198, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE 2007 GMOC ANNUAL REPORT, AND DIRECTING THE CITY MANAGER TO UNDERTAKE ACTIONS NECESSARY TO IMPLEMENT THOSE RECOMMENDATIONS AS PRESENTED IN THE STAFF RESPONSES AND PROPOSED IMPLEMENTING ACTIONS SUMMARY Councilmember Castaneda seconded the motion, and it carried 5-0. PUBLIC COMMENTS There were none. Mayor Cox invited everyone to purchase tickets for an ice cream social fundraiser at the historic Dickinson Boal house in National City on August 18,2007. ADJOURNMENT At 10:02 p.m., Mayor Cox adjourned the City Council to a regular meeting on August 7, 2007, at 4:00 p.m. in the Council Chambers. At 10:04 p.m., the Growth Management Oversight Commission and the Planning Commission were adjourned to their respective regular meetings. g~'~~~Ci~Cl" Page 7 - CouncillGMOCIPC Mioutes IA~7 August 2, 2007 DRAFT MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA August 7, 2007 4:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 4:00 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLLCALL: PRESENT: Councilmembers: Casaneda, McCann, Ramirez, Rindone and Mayor Cox ABSENT: Councilmembers: None ALSO PRESENT: City Manager Garcia, City Attorney Moore, City Clerk Bigelow and Senior Deputy City Clerk Peoples PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . INTRODUCTION BY CITY ATTORNEY MOORE OF EMPLOYEE OF THE MONTH, TERRI ZELENIAK, LEGAL ASSISTANT City Attorney Moore introduced the employee of the month, Terri Zeleniak. Mayor Cox read the proclamation, and Deputy Mayor Rindone presented it to Ms. Zeleniak. . OATH OF OFFICE Human Relations Commission Member: Maria Zadorozny City Clerk Bigelow administered the oath of office to Ms. Zadorozny, and Deputy Mayor Rindone presented her with a certificate of appointment. . PRESENTATION BY MAYOR COX OF A PROCLAMATION COMMENDING RICK ROSALER UPON 14 YEARS OF DEDICATED SERVICE TO THE CITY OF CHULA VISTA Mayor Cox read the proclamation, and Deputy Mayor Rindone presented it to Mr. Rosaler. . PRESENTATION BY CONGRESSMAN FILNER OF A PROCLAMATION TO STELLA SUTTON PROCLAIMING AUGUST 7, 2007 AS STELLA SUTTON DAY IN THE 51 ST CONGRESSIONAL DISTRICT Congressman Filner read the proclamation and presented it to Ms. Sutton. Mayor Cox read a proclamation proclaiming August 7th, 2007, as "National Night Out" in Chula Vista. Councilmember McCann presented it to Police Captain Gary Wedge and Officer Elliott Shaffer of the Chula Vista Police Department. I B-1 i. . DRAFT SPECIAL ORDERS OF THE DAY (Continued) · PRESENTATION BY THE MEMBERS OF THE HISTORIC HOMEOWNER COMMITTEE, PAMELA BENSOUSSAN; GLENDA DEVANEY; CARLOS FOX; CORINNE MCCALL; IMOZELLE MCVEIGH; JIM MCVEIGH; JOHN PARKS; AND NANCY PARKS, OF A CHECK TO THE CITY FOR $25,000 DEPOSITING THE FUNDS TO THE HISTORIC RESOURCES SURVEY DEPOSIT ACCOUNT FOR THE INITIAL FUNDING FOR A COMPREHENSIVE SURVEY OF HISTORIC RESOURCES IN CHULA VISTA Members of the Historic Homeowner Committee presented the City with a check for $25,000 towards the funding of a comprehensive survey of historic resources in Chula Vista. · PRESENTATION BY JACK BLAKELY OF THE THIRD AVENUE VILLAGE ASSOCIATION OF A CHECK TO THE CHULA VISTA ANIMAL CONTROL FACILITY FOR PROCEEDS FROM THE THIRD A VENUE PET FEST HELD ON JUNE 23, 2007 Jack Blakely of the Third Avenue Village Association presented Dr. York with a check for $3024.01 from the Third Avenue Pet Fest. Mayor Cox announced that the newly-appointed Directors of the Chula Vista Redevelopment Corporation would be introduced at 6:00 p.m. She then recessed the meeting at 4:33 p.m and reconvened it at 4:36 p.m., with all members present. CONSENT CALENDAR (Items I through 12) Mayor Cox announced that a revised Item 2 had been placed on the dais, Item 4 would be removed for discussion at the request of a member of the public, Item 8 would be removed for discussion at the request of Deputy Mayor Rindone, Item 10 would also be removed for discussion, and Item II was removed from the agenda by the City Attorney. Councilmember McCann stated he would abstain on Item 2 and voting no on Item 5. 1. APPROVAL OF MINUTES of the Regular Meetings of May 22,2007, June 5, 2007 and June 12, 2007, the Special Meeting of the Redevelopment Agency of June 5, 2007, and the Adjourned Regular Meeting of June 7, 2007. Staff recommendation: Council approve the minutes. 2. WRITTEN COMMUNICATION Memorandum from Councilmember John McCann, requesting an excused absence from the Council meeting of July 24, 2007. Staff recommendation: Council excuse the absences. Page 2 - Council Minutes I l~') "7 ! ""-1 __ , t !,....".-- 4--' August 7, 2007 DRAFT CONSENT CALENDAR (continued) 3. ORDINANCE NO. 3079, ORDINANCE OF THE CITY OF CHULA VISTA ADOPTING MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM IS-06-013, AMENDING ZONING MAP OR MAPS ESTABLISHED BY CHULA VISTA MUNICIPAL CODE SECTION 19.18.010 TO ESTABLISH THE PRECISE PLAN MODIFYING DISTRICT AND ADOPT PRECISE PLAN STANDARDS FOR 3.9 ACRES AT THE NORTHEAST CORNER OF THIRD AVENUE AND "H" STREET, CURRENTLY ZONED R-3 APARTMENT RESIDENTIAL (SECOND READING) The applicant, St. Rose of Lima Catholic Parish, has requested a phased renovation and expansion of the church campus in order to upgrade the existing facilities and provide for anticipated growth. Adoption of the ordinance approves the negative declaration and mitigation monitoring program, amends the zoning map, and adopts the precise plan standards. This ordinance was introduced at the regular Council meeting of July 17, 2007. (planning and Building Director) Staff recommendation: Council adopt the ordinance. 4. Item 4 was removed from the Consent Calendar for discussion. 5. RESOLUTION NO. 2007-199, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE MASTER FEE SCHEDULE TO ESTABLISH A FEE OF $15 FOR PASSPORT PHOTOGRAPHS FOR THE PASSPORT ACCEPTANCE FACILITY The City Clerk's Office has received notification of its designation as a passport application acceptance agent and now must establish a fee for passport photos. (City Clerk) Staff recommendation: Council adopt the resolution. 6. RESOLUTION NO. 2007-200, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A DONATION OF $25,000 FROM THE HISTORIC HOMEOWNER COMMITTEE AND DEPOSITING THE FUNDS TO THE HISTORIC RESOURCES SURVEY DEPOSIT ACCOUNT FOR THE INITIAL FUNDING FOR A COMPREHENSIVE SURVEY OF HISTORIC RESOURCES IN CHULA VISTA The Historic Homeowner Committee donated $25,000 to the City for the initial funding for a comprehensive survey of the historic resources in Chu1a Vista. Adoption of the resolution accepts the funds to be deposited in the historic resources survey deposit account and designates the funds for the use of the survey. (Office of the Mayor) Staff recommendation: Council adopt the resolution. Page 3 - Council Minutes August 7, 2007 ! f3-3 DRAFT CONSENT CALENDAR (continued) 7. RESOLUTION NO. 2007-201, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING AND APPROPRIATING A DONATION FROM THE THIRD AVENUE VILLAGE ASSOCIATION (4/5THS VOTE REQUIRED) The Animal Care Facility received a donation in the amount of $2,521.51 from the Third Avenue Village Association. Staff has recommended that the donation be used to purchase necessary medical and laboratory supplies. (General Services Director) Staff recommendation: Council adopt the resolution. 8. Item 8 was removed from the Consent Calendar for discussion. 9. RESOLUTION NO. 2007-204, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY OF CHULA VISTA TO BE THE LEAD AGENCY IN THE SOUTH BAY REGIONAL HOUSEHOLD HAZARDOUS WASTE PROGRAM, AUTHORIZING THE SUBMITTAL OF GRANT APPLICATIONS TO THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD, AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE ALL GRANT DOCUMENTS NECESSARY TO SECURE GRANT FUNDS AND IMPLEMENT THE APPROVED GRANT PROJECTS ON BEHALF OF THE CITY OF CHULA VISTA AND P ARTICIP ATING JURISDICTIONS In June 2007, the General Services Department submitted a regional grant application to the California Integrated Waste Management Board requesting funding for waste collection events for the South Bay regional household hazardous waste program, comprised of Chula Vista, Imperial Beach and National City. The Council previously adopted a resolution approving submittal of the grant application. The Board requested that the City adopt a modified resolution authorizing the City to be the lead agency for the region. (General Services Director) Staff recommendation: Council adopt the resolution. 10. Item 10 was removed from the Consent Calendar for discussion. 11. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FISCAL YEAR 200712008 CONTRACT BETWEEN THE CITY OF CHULA VISTA AND THE CHULA VISTA CHAMBER OF COMMERCE FOR THE PROVISION OF CHULA VISTA CONVENTION AND VISITORS BUREAU PROMOTIONAL SERVICES, AND VISITOR AND TRANSIT INFORMATION SERVICES The City has contracted annually with the Chula Vista Chamber of Commerce to provide convention and visitors bureau services since 1995. According to Council Policy #230- 01, the Council considers a budget and related contract with the Chamber for the provision of Chula Vista Convention and Visitors Bureau promotion services and visitor and transit information services at the Chula Vista Visitor Information Center and Chamber of Commerce main office. (Acting Community Development Director) Staff recommendation: The item be removed from the agenda. Page 4 - Council Minutes '8. 1/ I " ),--- ~ August 7, 2007 DRAFT CONSENT CALENDAR (continued) 12. RESOLUTION NO. 2007-206, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A GRANT FROM SCRIPPS HEALTH COMMUNITY BENEFIT FUND TO CONTINUE THE DEVELOPMENT OF SENIOR WELLNESS THROUGH ACTION AND EDUCATION WITH A COLLABORATNE BETWEEN THE NORMAN PARK CENTER AND SCRIPPS MERCY HOSPITAL CHULA VISTA WELL BEING CENTER, AND APPROPRIATING FUNDS THEREFOR (4/5THS VOTE REQUIRED) The intent of the "Happy Healthy Seniors" grant is to expand the Recreation Department's efforts to address components of health and wellness for persons 50 years and over through health presentations, a men's support group, a health camp for seniors, supervised fitness center classes and a health fair. (Recreation Director) Staff recommendation: Council adopt the resolution. ACTION: Councilmember Castaneda moved to approve staff's recommendations and offered Consent Calendar Items 1,2,3,5,6,7,9, and 12, with Item 11 removed from the agenda, headings read, texts waived. Councilmember Ramirez seconded the motion, and it carried 5-0, except for Item 2, which carried 4-0-1 with Councilmember McCann abstaining, and Item 5, which carried 4-1 with Councilmember McCann voting no. ITEMS REMOVED FROM THE CONSENT CALENDAR 4. ORDINANCE NO. 3080, ORDINANCE REQUIRING THE REGISTRATION PROPERTIES (SECOND READING) OF THE CITY OF CHULA VISTA OF ABANDONED RESIDENTIAL Adoption of an abandoned residential property registration program is a means of ensuring that residential neighborhoods are spared the negative impacts associated with abandoned residential properties. The proposed ordinance requires lenders who own or are responsible for abandoned homes in Chula Vista to pay a fee to register those homes with the City's code enforcement section, and to retain the services of a local property management company. Registration facilitates periodic monitoring by code enforcement staff and provides a mechanism for staff and neighbors to alert the local property management company of the need to take action to maintain the property. A fee of $70 per property would be charged as a means of recovering the cost of administering the program. This ordinance was introduced at the regular Council meeting of July 17, 2007. (planning and Building Director) Eric Sutton, representing Warwick & Sutton Properties, Chula Vista, requested the addition of the definition of a property management company with a requirement that it be under the direction of a licensed California real estate broker. Assistant Building and Housing Director Remp responded that it was not staff's intent to mandate a state-licensed property management company, but to have someone local to respond. City Attorney Moore stated that the ordinance intentionally did not provide a definition and left it open to interpretation. Page 5 - Council Minutes IQ ,..- 10->::::> August 7, 2007 DRAFT ITEMS REMOVED FROM THE CONSENT CALENDAR (Continued) Councilmember McCann stated that many property management companies and realtors had expressed concern about the new ordinance, and that he believed there were other code enforcement issues that needed to be addressed first. He requested a report in the future on the effectiveness of the ordinance, and stated he would not be supporting it in order to be consistent with his past vote. ACTION: Councilmember Castaneda moved to adopt Ordinance No. 3080, heading read, text waived. Deputy Mayor Rindone seconded the motion, and it carried 4-1 with Councilmember McCann voting no. 8. A. RESOLUTION NO. 2007-202, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING A CAPITAL IMPROVEMENT PROJECT (CIP) DR-I73, THE "FIFTH AVENUE DRAINAGE IMPROVEMENT PROJECT", AUTHORIZING INTERPROJECT TRANSFERS FROM EXISTING CAPITAL IMPROVEMENT PROJECTS TO CIP DR-I73 IN THE AGGREGATE AMOUNT OF $455,164 TO COMPLETE THE PROJECT, AND AUTHORIZING THE EXPENDITURE OF ALL A V AILABLE FUNDS IN THE PROJECT B. RESOLUTION NO. 2007-203, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING THE CONTRACT FOR THE "FIFTH AVENUE DRAINAGE IMPROVEMENTS IN THE CITY OF CHULA VISTA, CALIFORNIA (CIP NO. DR-I 73)" PROJECT TO MJC CONSTRUCTION IN THE AMOUNT OF $212,685 AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO ISSUE CHANGE ORDERS AS NECESSARY IN AN AGGREGATE AMOUNT NOT TO EXCEED $53,171 The proposed proj ect provides for the construction of a drainage facility west of Fifth Avenue at the intersection of Fifth Avenue and Clariss Street. Six bids were received for this project. Adoption of the resolutions establishes the capital improvement project, accepts the bids, and awards the contract to MJC Construction. (General Services Director) Deputy Mayor Rindone stated that he had been concerned with the cost increase reflected in the staff report, but had spoken with General Services Director Griffin and wanted him to explain the process for his colleagues and the public. General Services Director Griffin explained the change order process, including the fact that staff cannot issue a change order that exceeds policy without coming back to the Council for approval. ACTION: Councilmember McCann moved to adopt Resolution Nos. 2007-202 and 2007- 203, headings read, texts waived. Deputy Mayor Rindone seconded the motion, and it carried 5-0. 10. RESOLUTION NO. 2007-205, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RATIFYING THE APPOINTMENTS AND OPERATIONAL PROCEDURES OF THE INTERIM HISTORIC PRESERVATION ADVISORY COMMITTEE Page 6 - Council Minutes J f") . t::;J -". k.? August 7,2007 DRAFT ITEMS REMOVED FROM THE CONSENT CALENDAR (continued) According to the membership structure presented in the work program approved by the Council on May 22, 2007, the development-related committees and commissions have appointed members, and staff has selected community members to serve on the Historic Preservation Advisory Committee. Staff has also developed operational procedures to assist the Committee in the process. (Planning and Building Director) Mayor Cox stated that she had removed this item from the Consent Calendar to read into the record that the Design Review Board selected David Bringas as its representative and Jeremy Hogan as the alternate representative to the Historic Preservation Advisory Committee. Mayor Cox also suggested that membership be extended to include an architect and a historian. City Attorney Moore stated that the resolution could be amended to reflect the proposed changes to the operating procedures to increase the number of members to 10. ACTION: Mayor Cox moved to adopt Resolution No. 2007-205 as amended, heading read, text waived, to ratify the appointments, add two new positions, and direct staff to make the necessary changes to the operational procedures. Councilmember Castaneda seconded the motion, and it carried 5-0. PUBLIC COMMENTS Parks Pemberton, Chula Vista resident, expressed concern with the lack of City enforcement and overview of contractors performing work within the City and the effects this has on the citizens. He stated that City staff needs to be more diligent in monitoring, and he cited a project on Moss Street, between Broadway and the train tracks, where the contractor has not covered dirt piles. Councilmember Ramirez asked that City contracts contain specifications that the City can enforce so as not to impact the neighborhoods. Petra Barajas, Chula Vista resident, recommended that the City issue proclamations to Don Bauder for his article on the Gaylord project and in honor of San Diego City Attorney Michael Aguirre for what he represents. PUBLIC HEARINGS 13. CONSIDERATION OF ASSESSMENT INCREASE FOR OPEN SPACE DISTRICT NOS. 3; 7; 9; 20, ZONES 2, 4 AND 7; 23; AND EASTLAKE MAINTENANCE DISTRICT NO. I ZONES A AND D On May 22, 2007, the Council authorized the preparation of an engineer's report in order to consider a Proposition 218 ballot process requesting an increase to assessments in 9 of 36 existing open space districts/zones because the cost for service requirements exceeds the amount of revenue that can be generated by the current maximum assessment. The Proposition 218 process requires the holding of a public hearing and the authorization of the tabulation of the assessment ballots. (Acting Assistant City Manager/City Engineer) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Page 7 - Council Minutes August 7, 2007 18-7 DRAFT PUBLIC HEARINGS (Continued) Assistant City Manager/City Engineer Tulloch asked that anyone with a ballot submit it to the City Clerk prior to the end of the public hearing. Engineering Deputy Director Browder presented the staff report; and the consultant, Stephanie Parson from NBS, responded to Council questions. Mayor Cox opened the public hearing. There being no members of the public who wished to speak, Mayor Cox closed the public hearing. Deputy Mayor Rindone requested and received clarification that the ballots were weighted on the financial obligation of the properties. ACTION: Deputy Mayor Rindone moved to authorize the tabulation of the ballots. Councilmember Castaneda seconded the motion, and it carried 5-0. 14. CONSIDERATION OF A PROPOSED TENTATIVE SUBDIVISION MAP FOR THE CONDOMINIUM CONVERSION OF AN EXISTING 24-UNIT APARTMENT COMPLEX AT 1419 TOBIAS DRIVE (APPLICANT: ANTHONY-TAYLOR CONSULTANTS) The proposed tentative subdivision map subdivides 1.628 acres into 24 condominium units for individual ownership at 1419 Tobias Drive. The tenant noticing required by the state and by the Municipal Code up to this point has been completed. Once all necessary approvals are obtained, the owners will notify the tenants with the remaining notices required. (Planning and Building Director) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Planning and Building Director Sandoval introduced the project, and Associate Planner Pease presented the staff report. Mayor Cox opened the public hearing. Bruce Taylor, applicant, spoke in support of the proposed project. There being no additional members of the public who wished to speak, Mayor Cox closed the public hearing. ACTION: Councilmember Castaneda moved to adopt Resolution No. 2007-207, heading read, text waived: RESOLUTION NO. 2007-207, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AND ESTABLISHING CONDITIONS OF A TENTATIVE MAP TO DIVIDE INTEREST IN 1.628 ACRES AT 1419 TOBIAS DRIVE FOR A ONE- LOT CONDOMINIUM CONTAINING 24 RESIDENTIAL UNITS Deputy Mayor Rindone seconded the motion, and it carried 5-0. Page 8 - Council Minutes /f3-Z August 7, 2007 -, DRAFT PUBLIC HEARINGS (Continued) 15. CONSIDERATION OF APPROVAL OF THE ISSUANCE OF TAX EXEMPT OBLIGATIONS WITH RESPECT TO THE PROPOSED REFINANCE AND REHABILITATION OF EXISTING AFFORDABLE UNITS AT PALOMAR APARTMENTS The proposed issuance of tax-exempt bond obligations would fund the refinance and rehabilitation of the Palomar Apartments located at 171 Palomar Street, an existing 168- unit affordable complex originally financed through the Department of Housing and Urban Development. The project is 35 years old and in need of some minor rehabilitation to ensure continued long-term use and viability. (Acting Community Development Director) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Housing Manager Mills provided the staff report. Mayor Cox opened the public hearing. There being no members of the public who wished to speak, Mayor Cox closed the public hearing. ACTION: Councihnember Castaneda moved to adopt Resolution No. 2007-208 heading read, text waived: RESOLUTION NO. 2007-208 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ISSUANCE, SALE AND DELIVERY OF MULTIFAMILY HOUSING REVENUE BONDS BY THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY FOR THE PURPOSE OF REFINANCE AND REHABILITATION OF EXISTING AFFORDABLE UNITS AT PALOMAR APARTMENTS Deputy Mayor Rindone seconded the motion, and it carried 5-0. 16. CONSIDERATION OF THE ISSUANCE OF TAX EXEMPT OBLIGATIONS WITH RESPECT TO THE PROPOSED DEVELOPMENT OF THE LANDINGS AFFORDABLE APARTMENTS The Landings development will partially satisfy the master developer's affordable housing obligations for Otay Ranch Village 11. Chelsea Investment Corporation was selected by the master developer to pursue development of the affordable rental housing on the R-19 site. The corporation received loan approval for state financing for the project and is ready to enter into a loan agreement with the City. (Acting Community Development Director) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Page 9 - Council Minutes ! 1::5 _(;1 August 7, 2007 DRAFT PUBLIC HEARINGS (Continued) Housing Manager Mills provided the staff report. Mayor Cox opened the public hearing. Jim Kilgore, applicant, spoke in support of the proposed development. There being no additional members of the public who wished to speak, Mayor Cox closed the public hearing. ACTION: Councilmember Castaneda moved to adopt Resolution Nos. 2007-209 and 2007- 210, headings read, texts waived: RESOLUTION NO. 2007-209, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $960,000 FROM HOME INVESTMENT PARTNERSHIP FUNDS FOR FINANCIAL ASSISTANCE FOR THE DEVELOPMENT OF THE LANDINGS AFFORDABLE APARTMENTS, AUTHORIZING THE CITY MANAGER TO EXECUTE A LOAN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND CIC LANDINGS, L.P. AND ALL OTHER AGREEMENTS AND DOCUMENTS NECESSARY FOR THE FINANCING OF THE PROPOSED LANDINGS AFFORDABLE APARTMENTS, AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE EXISTING AFFORDABLE HOUSING REGULATORY AGREEMENT FOR THE 115 AFFORDABLE FOR-SALE UNITS AND A NEW AFFORDABLE HOUSING AGREEMENT FOR THE 92 AFFORDABLE RENTAL UNITS IN NEIGHBORHOOD R-19 IN OTAY RANCH VILLAGE ELEVEN (4/5THS VOTE REQUIRED) RESOLUTION NO. 2007-210, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ISSUANCE OF BONDS BY THE HOUSING AUTHORITY OF THE CITY OF CHULA VISTA FOR THE PROPOSED DEVELOPMENT OF THE LANDINGS AFFORDABLE APARTMENTS PURSUANT TO SECTION 147(F) OF THE INTERNAL REVENUE CODE OF 1986 Councilmember Ramirez seconded the motion, and it carried 5-0. ACTION ITEMS 17. CONSIDERATION OF REPORT ON THE DISPOSITION OF PAVEMENT REVITALIZATION EFFORTS ON ALPINE-MINOT STREET BETWEEN E STREET AND F STREET AND ENDORSEMENT OF STAFF'S RECOMMENDATION TO EVALUATE THIS STREET WITHIN THE CONTEXT OF THE CITY'S COMPREHENSIVE PAVEMENT MANAGEMENT SYSTEM Mayor Cox announced that this item would be removed from the agenda and brought back at a future date at the request of Councilmember McCann. There was no discussion, and no action was taken. Page 10 - Council Minutes /8-10 August 7, 2007 DRAFT ACTION ITEMS (Continued) 18. CONSIDERATION OF RECOMMENDATIONS FROM THE SUB-COMMITTEE ON CNIC ENGAGEMENT The subcommittee on civic engagement was appointed by the Council to review and summarize the 49 recommendations in Terry Amsler's Report on Civic Engagement. The committee has met twice and synthesized the report into clear and concise goals for the City to follow. The committee also reduced the number of recommendations for implementation to implement to six important recommendations. (Planning and Building Director) Assistant City Manager/City Engineer Tulloch presented the staff report, covering goals and recommendations, and noted that it was staffs intent to develop the necessary steps to implement. ACTION: Councilmember Ramirez moved to adopt the recommendations of the Ad Hoc Committee on Civic Engagement. Deputy Mayor Rindone seconded the motion, and it carried 5-0. SPECIAL ORDERS (Continued) Mayor Cox introduced the newly appointed Directors of the Chula Vista Redevelopment Corporation, Rafael Munoz, Hector Reyes, Jr., and Salvador Salas, Jr., presenting each with a certificate of appointment. OTHER BUSINESS 19. CITY MANAGER'S REPORTS There were none. 20. MAYOR'S REPORTS A. Ratification of appointment of Sharon Harmon to the Nature Center Board of Trustees. B. Ratification of appointment of Jose Lopez to the Board of Appeals and Advisors. ACTION: Mayor Cox moved to ratify the appointments of Sharon Harmon and Jose Lopez. Councilmember Castaneda seconded the motion, and it carried 5-0 21. COUNCIL COMMENTS Councilmember Ramirez stated he was holding open office hours the first Monday of each month at the South Chula Vista Library and Eastlake Library, altemately. At his meeting last night, 30 citizens came and had questions and anxiety regarding the relocation ordinance. Page II - Council Minutes ! 8~ / / August 7, 2007 DRAFT COUNCIL COMMENTS (continued) Councilmember Castaneda expressed condolences to the family of Marilyn Lassman, and spoke of her wisdom and dedicated commitment to community service. He also expressed condolences to the family of Staff Sergeant Joshua Mattero, who was killed on July 24 in Baghdad. He then spoke regarding the League of California Cities conference he had attended in Monterey, noting that a lot of interest was generated from throughout the state regarding the Chula Vista foreclosure ordinance that was adopted this evening. · Councilmember Castaneda: Ratification of appointment of Sam Longanecker to the Mobilehome Rent Review Commission. ACTION: Councilmember Castaneda moved to ratify the appointment. Councilmember McCann seconded the motion, and it carried 5-0 Councilmember McCann extended congratulations to newly appointed commissioners Harmon, Lopez and Longanecker. He then extended condolences to the families of Marilyn Lassman and Staff Sergeant Mattero. Deputy Mayor Rindone joined his colleagues in expressing condolences to Mr. Mattero's family and Mrs. Lassman's family. He then congratulated the Bomtafest kick-off group for a successful event this past weekend and stated he was looking forward to the Lemon Festival this upcoming weekend. CLOSED SESSION Mayor Cox announced that the Closed Session would not be held. 22. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b) Three cases The items were not discussed, and no action was taken. ADJOURNMENT At 6:03 p.m., Mayor Cox adjourned the meeting in memory of Chula Vista resident Staff Sergeant Joshua P. Mattero, who gave his life in service to our country, to the Regular Meeting of August 14,2007, at 6:00 p.m. in the City Council Chambers. Qf~OO~S~l~k Page 12 - Council Minutes I 0.. -- ! "'7 !-- 1 ~ August 7, 2007 DRAFT MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA August 11, 2007 9:00 A.M. An Adjourned Regular Meeting of the City Council of the City of Chula Vista was called to order at 9:15 a.m. at the John Lippitt Public Works Center, 1800 Maxwell Road, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers: Castaneda, McCann, Ramirez, Rindone and Mayor Cox ABSENT: Councihnembers: None ALSO PRESENT: City Manager Garcia, Assistant City Manager Pahner, Assistant City Manager Tulloch, City Attorney Moore, Budget and Analysis Director Van Eenoo, Finance Director Kachadoorian PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE PUBLIC COMMENTS Theresa Acerro, representing the Southwest Civic Association and residents of mobile home parks within the City, expressed concerns regarding the proposed mobile home park closure ordinance. COUNCIL RETREAT 1. Council Goals and Objectives 2. City Manager Goals and Objectives ACTION: It was the consensus of the Council to approve the goals and objectives presented by the City Manager. It was the consensus of the Council to approve the proposed reorganization presented by the City Manager. 3. Budget Overview 4. Plan for Budget Reductions and Reorganizations ACTION: It was the consensus of the Council to host a joint workshop with the Chula Vista Redevelopment Corporation on September 4, 2007, to consider "Redevelopment Structure and Function." 5. Wrap Up & Adjournment /c- / DRAFT ADJOURNMENT At 3:20 p.m., Mayor Cox adjourned the meeting to the Regular Meeting of August 14,2007 at 6:00 p.m. in the Council Chambers. Page 2 - Council Minutes Ie -2 August 11,2007 DRAFT MlNUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA August 14,2007 6:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:02 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chu1a Vista, California. ROLL CALL: PRESENT: Councilmembers: Castaneda (arrived at 6:06 p.m.), McCann, Ramirez, Rindone and Mayor Cox ABSENT: Councilmembers: None ALSO PRESENT: City Manager Garcia, City Attorney Moore, City Clerk Bigelow and Deputy City Clerk Bennett PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . OATHS OF OFFICE Jose Lopez, Board of Appeals and Advisors Sharon Harmon, Nature Center Board of Trustees City Clerk Bigelow administered the oaths to Jose Lopez and Sharon Harmon, and Deputy Mayor Rindone presented each with a certificate of appointment. . PRESENTATION BY MAYOR COX OF A PROCLAMATION COMMENDING DR. DENNIS DOYLE FOR HIS DEDICATION TO A SUCCESSFUL POLICE/SCHOOL DISTRICT PARTNERSHIP Mayor Cox read the proclamation, and Counci1member McCann presented it to Dr. Doyle. Police Chief Emerson and Dr. Lowell Billings, Superintendent, Chula Vista Elementary School District, recognized and thanked Dr. Doyle for his involvement with the City, community and school district. Mayor Cox then recognized members of City Manager Garcia's family, who were present at the meeting. His son Cole said he was present to earn his citizenship in the community merit badge for the Boy Scouts. . PRESENTATION OF MASTER MUNICIPAL CLERK DESIGNATION TO LORI ANNE PEOPLES, SENIOR DEPUTY CITY CLERK, BY K.A Y VINSON, MMC, CITY CLERK'S ASSOCIATION OF CALIFORNIA, LEGISLATIVE DIRECTOR AND CITY CLERK OF MURRIETA ID- / , DRAFT SPECIAL ORDERS OF THE DAY (Continued) Kay Vinson, City Clerk of Murietta and Legislative Director of the City Clerks Association of California, recognized Ms. Peoples' achievements in attaining her Master Municipal Clerk designation and presented a certificate to her. City Clerk Bigelow also recognized Ms. Peoples for her accomplishment and presented her with a Master Municipal Clerk pin. · INTRODUCTION BY AYA mARRA, CHAIRPERSON OF THE INTERNATIONAL FRIENDSHIP COMMISSION, EXCHANGE STUDENTS FROM ODAWARA, JAPAN HIROAKI MURA Y AMA, NORlE CHOKKI, REIKA MUGISHIMA, RUI KUROGOUCHI, AND CHULA VISTA EXCHANGE STUDENTS TROY A. HARMON, LETICIA DIAZ, SASHA RAMOS, AND JENNIFER CALDERON Chair Ibarra thanked the Council for its support of the exchange program. Each of the students then spoke briefly about their experiences. Leticia Diaz and Sasha Ramos were not present at the meeting. CONSENT CALENDAR (Items I through 11) Mayor Cox announced that Item 8 would be removed from the agenda at the request of the City Attorney. Councilmember Ramirez asked to pull Items 6 and 7 from the Consent Calendar for discussion. 1. RESOLUTION NO. 2007-211, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SECOND AMENDMENT TO THE RETENTION AGREEMENT FOR LEGAL SERVICES WITH FOX & SOHAGI, LLP, AND AUTHORIZING PAYMENT OF $9,262.40 TO FOX & SOHAGI, LLP FOR LEGAL SERVICES In 2004, the City entered into a retention agreement with Fox & Sohagi, LLP, for legal services in connection with the environmental impact report for the General Plan update. Adoption of the resolution approves a second amendment to the retention agreement for legal services between the City and Fox & Sohagi, LLP, authorizing payment of $9,262.40 for legal services. (City Attorney) Staff recommendation: Council adopt the resolution. 2. RESOLUTION NO. 2007-212, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE FORMAL BIDDING PROCESS AND AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT DOCUMENTS WITH SAN DIEGO IMPERIAL COUNTIES LABOR COUNCIL Adoption of the resolution authorizes the City Manager to execute Community Development Block Grant contracts that were awarded on April 4, 2006. (Acting Community Development Director) Staff recommendation: Council adopt the resolution. Page 2 - Council Minutes ! .,... ) " / )~ .~ (.1--- ~ August 14, 2007 DRA.FT CONSENT CALENDAR (Continued) 3. A. RESOLUTION NO. 2007-213, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING THE SUMMARY VACATION OF A PORTION OF L STREET OBTAINED BY THE CITY THROUGH RELINQUISHMENT OF HIGHWAY RIGHT-OF-WAY PER DOCUMENT NO. 74-202931, RECORDED JULY 29,1974 B. RESOLUTION NO. 2007-214, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING A PORTION OF CITY-OWNED L STREET LYING ADJACENT TO THE PROPERTY LOCATED AT 910 INDUSTRIAL BOULEVARD AS EXEMPT SURPLUS LAND PURSUANT TO GOVERNMENT CODE SECTION 5422 1 (e)(2)(C) C. RESOLUTION NO. 2007-215, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE SALE OF A PORTION OF CITY-OWNED L STREET TO THE OWNER OF THE ADJACENT PROPERTY LOCATED AT 910 INDUSTRIAL BOULEVARD, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE ALL DOCUMENTS NECESSARY TO COMPLETE THE SALE The owner of property located at 910 Industrial Boulevard has requested to purchase a portion of City-owned slope lying between his property, Interstate 5 to the west, L Street to the north and Industrial Boulevard to the east. The area is a slope and a part of the L Street right-of-way that was acquired by relinquishment from the California Department of Transportation. It currently serves as lateral support for L Street as it rises going west to cross the freeway. In order to sell this land, the Council must first vacate the public access rights and declare the vacated portion as exempt surplus land. (Assistant City Manager/City Engineer) Staff recommendation: Council adopt the resolutions. 4. RESOLUTION 2007-218, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $49,903.50 FROM THE AVAILABLE FUND BALANCE OF THE TRAFFIC SIGNAL FUND FOR THE CITY SHARE OF TRAFFIC SIGNAL INSTALLATION COSTS AT MAIN STREET AND AUTO PARK PLACE AND AUTHORIZING THE DIRECTOR OF FINANCE TO REIMBURSE THE DEVELOPER (4/5THS VOTE REQUIRED) In 2003, the City approved the development of an auto park and other auto-related businesses by Hooper Knowlton on the north side of Main Street at Auto Park Place (Auto Park North). In 2004, the City approved an auto park development by Sunroad Enterprises on the south side of Main Street, directly across from Auto Park North (Auto Park East). As a result of these developments, a new traffic signal was needed at the intersection of Main Street and Auto Park Place. Adoption of the resolution appropriates funds from the City's traffic signal fund for the City's share to signalize the four-legged intersection. Sunroad Enterprises initially paid the full cost of the traffic signal project with an understanding that reimbursements would follow from the City and the developer of Auto Park North upon completion of the traffic signal project. (Assistant City Manager/City Engineer) Staff recommendation: Council adopt the resolution. Page 3 - Council Mioutes August 14, 2007 11)-3 DRAFT CONSENT CALENDAR (Continued) 5. A. RESOLUTION NO. 2007-216, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING THE RESULTS OF THE ASSESSMENT BALLOT TABULATION FOR PROPOSED ASSESSMENT INCREASES FOR OPEN SPACE DISTRICT NOS. 3; 7; 9; 20 ZONES 2, 4, AND 7; 23; AND EASTLAKE MAINTENANCE DISTRICT NO. 1 ZONES A AND D B. RESOLUTION NO. 2007-217, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING MAINTENANCE WORK AND THE LEVY AND COLLECTION OF ASSESSMENTS ON OPEN SPACE DISTRICT 20, ZONE 4 (BUSINESS CENTER) On May 22, 2007, the Council authorized the preparation of an engineer's report in order to initiate the Proposition 218 ballot process to consider an increase to assessments in nine of 36 existing open space districts/zones because the estimated cost for service requirements was anticipated to exceed the amount of revenue that could be generated by current maximum assessments. On June 5, 2007, in accordance with Proposition 218 requirements, the Council approved the engineer's report, the mailing of a notice and ballot, and set the public hearing to be followed by a tabulation of the assessment ballots. The public hearing was conducted on August 7, 2007, and tabulation of the assessment ballots occurred on August 8, 2007. Approval of the resolutions declares the results of the ballot tabulation and orders the levy and collection of assessments in the one district/zone where the requested increase was approved (District 20, Zone 4). (Assistant City Manager/City Engineer) Staff recommendation: Council adopt the resolution. 6. This item was removed from the Consent Calendar for discussion by Councilmember Ramirez. 7. This item was removed from the Consent Calendar for discussion by Councilmember Ramirez. 8. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AWARDING A RECORD DIGITIZATION SERVICES CONTRACT TO ANA COMP, INC. AS THE LOWEST TOTAL BID FOR REQUESTED SERVICES, AND DIRECTING THE MAYOR TO EXECUTE THE AGREEMENT The requested digitization services contract will assist the Planning and Building Department, and any other City department needing the services, to archive permanent City records in digital format, in a format compatible with the City Clerk's records retention standards. Having conducted a competitive bid process, adoption of the resolution awards the contract, which ensures the City will receive the services at very competitive rates. (Planning and Building Director) Staff recommendation: The item be removed from the agenda. Page 4 - Council Minutes 1...,--... / { 1)-'1' -' . August 14, 2007 DRAFT CONSENT CALENDAR (Continued) 9. RESOLUTION NO. 2007-221, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING CONDITIONAL TEMPORARY CLOSURE OF A PORTION OF RANCHO DEL REY P ARKW A Y ON SEPTEMBER 8 AND 9, 2007, FOR THE ORANGE CRATE DERBY The Bonita Orange Crate Derby Committee of the Bonita Valley Lions Club is requesting permission for temporary street closure of Rancho Del Rey Parkway on September 8 and 9, 2007 to conduct their 28th Annual Orange Crate Derby. (Police Chief) Staff recommendation: Council adopt the resolution. 10. RESOLUTION NO. 2007-222, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING A NEW COUNCIL POLICY CREATING THE YOUTH ACTION COUNCIL, RESCINDING RESOLUTION NUMBER 7170, AND RESCINDING COUNCIL POLICY NUMBER 110-05 PERTAINING THE YOUTH ADVISORY COMMISSION Staff identified issues with the current structure of the Youth Advisory Commission and recommended that the Commission be allowed to expire and then be reconstituted entirely under a new Council Policy as the Youth Action Council. The Youth Action Council is being established to increase the number of high school students who have an opportunity to perform community service, gain first-hand experience in local government, and become informed stakeholders in the community. (Office of the Mayor) Staff recommendation: Council adopt the resolution. 11. RESOLUTION NO. 2007-223, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A DONATION OF $2,500 TO THE CITY FROM WELLS FARGO BANK FOR SPONSORSHIP OF "THE ULTIMATE OPEN HOUSE ICE CREAM SOCIAL" AND DEPOSITING THE FUNDS INTO THE CHULA VISTA CENTENNIAL DEPOSIT ACCOUNT TO BE USED FOR COSTS ASSOCIATED WITH THE EVENT Wells Fargo Bank wishes to donate $2,500 to the City to sponsor the costs associated with The Ultimate Open House Ice Cream Social that the Mayor and Council will be hosting on August 18, 2007. This is the kick-off event for Chula Vista's centennial celebration coming up in 2011. Adoption of the resolution accepts the funds to be deposited to the Chula Vista centennial deposit account and designates the funds to be used for associated event costs. (Office of the Mayor) Staff recommendation: Council adopt the resolution. ACTION: Deputy Mayor Rindone moved to approve staffs recommendations and offered Consent Calendar Items 1 through 5 and 9 through 11, headings read, texts waived, with Item 8 removed from the agenda. Councilmember McCann seconded the motion, and it carried 5-0. Page 5 - Council Minutes August 14, 2007 I D A:~; DRAFT ITEMS REMOVED FROM THE CONSENT CALENDAR 6. RESOLUTION NO. 2007-219, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING DONATIONS IN THE AMOUNT OF $28,515 AND APPROPRIATING SAID DONATED FUNDS (4/5THS VOTE REQUIRED) The Fire Department received donations in the amount of $28,515 from community donors to fund repairs and maintenance of equipment and to support the department's annual awards and recognition program. Adoption of the resolution accepts the donations and appropriates the funds to the Fire Department's services and supplies budget. (Fire Chief) Staff recommendation: Council adopt the resolution. Councilmember Ramirez asked, and Fire Chief Perry confirmed, that no general fund money would be used to restore the departments' 1916 classic Seagrave Fire Engine. ACTION: Mayor Cox moved to approve staffs recommendation and offered Resolution No. 2007-219, heading read, text waived. Councilmember Castaneda seconded the motion, and it carried 5-0. 7. RESOLUTION NO. 2007-220, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR THE "REAS SLURRY SEAL PAVEMENT REHABILITATION FISCAL YEAR 200712008 (STL-340)" PROJECT TO FRANK AND SON PAVING, INC. IN THE AMOUNT OF $1,795,603.66 AND AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE FUNDS IN THE PROJECT On August 8, 2007, the General Services Director received sealed bids for the project. The work consists of the application of slurry seal pavement coats on various pavement locations in the City, and also includes the preparation and application of crack-filler, removal/replacement of failed pavement, striping, traffic control, and other miscellaneous work, and all labor, material, equipment, and transportation necessary for the project. (General Services Director) Staff recommendation: Council adopt the resolution. Councilmember Ramirez asked why only two bids were received. General Services Director Griffm replied that bid packets were sent to six potential contractors, but only two responsive bids were received. Councilmember Ramirez encouraged staff to seek ways to solicit more participants in the bidding process in the future. ACTION: Deputy Mayor Rindone moved to approve staffs recommendation and offered Resolution No. 2007-220, heading read, text waived. Councilmember Castaneda seconded the motion, and it carried 5-0. Page 6 - Council Minutes /1\ / 1/-10 August 14, 2007 , DRAFT PUBLIC COMMENTS Phil Magnan, representing Biblical Family Advocate, stated he was disturbed about the Police Department's participation in the recent Gay Pride Parade. He stated that participation was endorsement, and he implored the Council to reconsider the City's guidelines and policies in regard to permitting the City to participate in such events. Bill Tripp, Chair of the Planning Commission, thanked City Manager Garcia and staff for assisting with translation services and police support at a recent Planning Commission meeting, stating that their timeliness, effectiveness and professionalism aided him in conducting an effective meeting. PUBLIC HEARINGS 12. CONSIDERATION OF APPROVAL FOR FIRE PREVENTION'S FIRE CODE INSPECTION AND FIRE SAFETY ENGINEERING FEE AMENDMENTS, CHAPTER XV (FIRE) OF THE CITY'S MASTER FEE SCHEDULE The Fire Department has completed a review of its current fee structure and is recommending changes to the master fee schedule. The proposed changes include both updates to existing fees, and the implementation of new fees. The fees were last updated in August of 2004. (Fire Chief) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Fire Marshall Gipson presented the master fee schedule update. Mayor Cox opened the public hearing. There being no members of the public who wished to speak, Mayor Cox closed the public hearing. Councilmember McCann spoke of the need to ensure a good business climate and look at how the City is spending funds before increasing fees, especially with respect to families, day care, churches and small businesses. ACTION: Councilmember Castaneda moved to adopt Resolution Nos. 2007-224 and 2007- 225, headings read, texts waived: A. RESOLUTION NO. 2007-224, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHAPTER XV (FIRE) OF THE CITY'S MASTER FEE SCHEDULE UPDATING FIRE CODE INSPECTION FEES B. RESOLUTION NO. 2007-225, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHAPTER XV (FIRE) OF THE CITY'S MASTER FEE SCHEDULE UPDATING FIRE SAFETY ENGINEERING FEES Deputy Mayor Rindone seconded the motion, and it carried 4-1 with Councilmember McCann voting no. Mayor Cox requested that staff review the fees on a regular basis using the consumer price index or comparisons with other cities. Page 7 - Council Minutes August 14,2007 /D-7 DRi\FT PUBLIC HEARlNGS (Continued) 13. CONSIDERATION OF APPROVAL FOR A ZONING MODIFICATION (PCZ 06-06) TO CHANGE THE EXISTING ZONE CLASSIFICATION FROM R-3 P-9, APARTMENT RESIDENTIALIPRECISE PLAN, NINE DWELLING UNITS PER ACRE TO ILP, LIMITED INDUSTRIALIPRECISE PLAN, FOR A 1.0-ACRE PARCEL LOCATED AT 696 NAPLES STREET - HEALTH ADVANCES, USA The request is for a zoning modification to change the existing R-3 P-9 zone (apartment . residentiaVprecise plan with nine dwelling units per acre) to the ILP zone (limited industriaVprecise plan), for a one-acre site located at 696 Naples Street. A vitamin manufacturing company, Health Advances USA, occupies the site. Modification of the zone designation and adoption of precise plan development standards will make the current land use conform with the industrial land use designation and policies of the General Plan. (Planning and Building Director) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Associate Planner Zumwalt presented the proposed project. Mayor Cox opened the public hearing. Mayor Cox commented that in the past, area residents and schools experienced unpleasant odors from a fertilizer plant located in the proposed area. She asked what protections the community would have should the vitamin packing plant cease to exist and another fertilizer plant want to locate on the site. Mr. Zumwalt responded that a list of prohibited uses was listed in the staff report. Councilmember Castaneda stated that the recommended change in zoning would provide too many opportunities for objectionable and undesirable industrial uses in an area that is primarily residential and educational. Mayor Cox questioned the legitimacy of allowing the proposed vitamin packaging plant to remain as a non-conforming use in the R3 zone. Planning and Building Director Sandoval responded that there might be legal non-conforming issues in maintaining the use if the re-zone were not passed, and the City would have a difficult time getting the applicant to invest in the property without the zone change designation. Mayor Cox asked about the opportunity for the City to look at current uses that are objectionable in close proximity to the school and residences. Director Sandoval responded that staff was reviewing the zoning code, looking for sections that caused issues to applicants who wished to invest in the community, as well as areas of potential impacts to the City and residents. There being no members of the public who wished to speak, Mayor Cox closed the public hearing. Page 8 - Council Minutes /"1'. 8 . 1) -~ August 14,2007 DRAFT PUBLIC HEARlNGS (Continued) ACTION: Councilmember Castaneda moved to place the following ordinance on first reading, heading read, text waived: ORDINANCE OF THE CITY OF CHULA VISTA AMENDING THE ZONING MAPS ESTABLISHED BY MUNICIPAL CODE SECTION 19.18.010 BY REZONING A ONE ACRE PARCEL LOCATED AT 696 NAPLES STREET FROM R-3 P-9, APARTMENT RESIDENTIAL, PRECISE PLAN, NINE DWELLING UNITS PER ACRE, TO ILP, LIMITED INDUSTRIAL, PRECISE PLAN, AND ADOPTING PRECISE PLAN STANDARDS (FIRST READING) Deputy Mayor Rindone seconded the motion, and it carried 5-0. 14. CONSIDERATION OF APPROVAL OF A SECTIONAL PLANNING AREA PLAN FOR PLANNING AREA TO INCREASE THE ALLOWABLE SQUARE FOOTAGE OF THE OTA Y RANCH TOWN CENTER General Growth has applied to amend the FC-l area of the Freeway Commercial Sectional Planning Area Plan to allow an additional 93,000 square feet for up to 960,000 square feet of floor area in the Otay Ranch Town Center. (planning and Building Director) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Principal Planner Rosaler presented the proposed SPA Amendment. Mayor Cox opened the public hearing. There being no members of the public who wished to speak, Mayor Cox closed the public hearing. ACTION: Councilmember McCann moved to adopt Resolution No. 2007-226, heading read, text waived: RESOLUTION NO. 2007-226, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE OTAY RANCH FREEWAY COMMERCIAL SECTIONAL PLANNING AREA PLAN FOR THE OTAY RANCH TOWN CENTER Councilmember Ramirez seconded the motion, and it carried 5-0. At 7:56 p.m., Mayor Cox recessed the meeting. The meeting reconvened at 8:07 p.m., with all members present. Page 9 - Council Minutes August 14, 2007 /D-q DRAFT ACTION ITEMS 15. CONSIDERATION OF APPROVAL OF A TWO PARTY AGREEMENT FOR CONSULTING SERVICES FOR MANAGEMENT OF A FIRST TIME HOMEBUYER DOWN PAYMENT AND CLOSING COST ASSISTANCE PROGRAM Community HousingWorks submitted a proposal on June 29, 2007, in reference to a request for proposals released on May 29,2007, to provide consulting services to manage a first-time homebuyer down payment and closing cost assistance program funded through the HOME Investment Partnership Program (HOME). (Acting Community Development Director) Finance Director Kachadoorian provided an overview of Issues associated with home foreclosures in the community and their impacts on the City. Deputy Mayor Rindone asked staff to provide an updated status report on foreclosures in six to eight weeks. Housing Manager Mills presented the homeownership assistance program. Sue Reynolds, representing Community HousingWorks, discussed the assistance program being offered to the community and encouraged the Council to get the word out about a free clinic to help with mortgage problems, to be held on September 12, 2007, from 10:00 a.m. to 2:00 p.m., at the MAAC Charter School, 1385 Third Avenue, Chula Vista. Deputy Mayor Rindone suggested that Community HousingW orks consider offering educational assistance to senior economics classes at area high schools to inform them about the organization's community outreach efforts. He offered assistance to Ms. Reynolds in making the necessary contacts with the schools. Councilmember Castaneda suggested that the outreach be broadened to include the areas in the City that have been hardest hit by foreclosures. ACTION: Councilmember Castaneda moved to adopt Resolution No. 2007-227, heading read, text waived: RESOLUTION NO. 2007-227, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR CONSULTING SERVICES BETWEEN COMMUNITY HOUSINGWORKS AND THE CITY OF CHULA VISTA TO ADMINISTER THE FIRST TIME HOMEBUYER DOWNP A YMENT AND CLOSING COST ASSISTANCE PROGRAM Councilmember Ramirez seconded the motion, and it carried 5-0. At 8:50 p.m., Mayor Cox recessed the City Council and convened the Redevelopment Agency. At 9:01 p.m., Mayor Cox reconvened the City Council, with all members present. Page 10 - Council Minutes 1])-/0 August 14, 2007 DRAFT ACTION ITEMS (Continued) 16. CONSIDERATION OF REVISIONS TO THE CAMPAIGN CONTRIBUTION ORDINANCE The City Council voted to form an ad hoc committee on the campaign contribution ordinance to review the existing law and ensure it is meeting the needs of the people of Chula Vista, and to bring forward suggestions regarding proposed changes as needed. (City Attorney/City Clerk) John Moot, representing the ad hoc subcommittee, stated that he had been informed that someone believed he had a conflict in serving on the committee. He recommended that the item be removed from the agenda, a replacement for his position on the committee be sought, and the committee then re-visit the issues from the beginning. Mayor Cox said she spoke with John Reece, an attorney formerly with the City of San Diego, who agreed to replace Mr. Moot, should there be Council consensus to do so. Mayor Cox then recommended that the item be tabled and the Council consider reforming the committee with a new member to replace Mr. Moot, with the understanding that the committee move forward as expedititiously as possible. Councilmember Castaneda stated that the proposed ordinance was complex and opposite of what was originally requested by the Council, which was to clarify the existing ordinance. He stated he would only support a clarification of the existing ordinance and would not support giving a special interest group the ability to give a candidate more than the maximum contribution limit. He recommended that the new ad hoc committee start over with the direction that they only clarify and tighten the existing rules. Mayor Cox suggested that direction be given to the City Attorney's Office to work with the new committee and prepare strike-out/underline versions of suggested changes, with the intent of making the ordinance clear and addressing some commonly asked questions. Councilmember Ramirez opposed reconstituting the ad hoc committee, stating that some of the proposed changes were not desirable and could have unintended consequences. Furthermore, the Attorney's Office should be tasked with clarifying the ordinance, and then the subcommittee could be tasked with compiling a booklet of commonly asked campaign-related questions and answers. Mayor Cox stated that the public should participate in discussions regarding clarification of the ordinance. Councilmember Castaneda suggested that the City Attorney's Office provide an analysis of the ordinance to determine inconsistencies and flaws; return to the Council in a couple of weeks with an opinion about what the ordinance does, including restrictions related to candidates and campaign donors; and the Council then discuss whether or not further mechanisms such as a subcommittee needed to be established. Page 11 - Council Minutes August 14, 2007 ID Ii -/ ! DRA.FT ACTION ITEMS (Continued) Deputy Mayor Rindone stated that the two issues to be addressed were clarification of the existing ordinance and creating a level playing field among candidates for campaign fund ralsmg. Mayor Cox suggested that the City Attorney analyze the ordinance, the Council convene a new ad hoc committee, and the matter come back to the Council as soon as possible. Councilmember Castaneda stated he would like a more systematic approach by tasking the Attorney's Office to do the analysis and bring it back to the Council, and then have the Council convene an ad hoc committee for further deliberation on the issues. Councilmember McCann stated that the goal was to provide the ability for anyone to have a clear understanding of the ordinance, and he requested that the Council be provided adequate time to review all material related to the analysis of the ordinance. ACTION: Councilmember Castaneda moved to direct the City Attorney's Office to provide an analysis of the current ordinance; clarify the proposed language that would clarify the intent of the existing ordinance, which may include fixing inherent inconsistencies with respect to the intent of the existing ordinance; and to add no new provisions to the ordinance, unless it provides consistency and clarification. Councilmember Ramirez seconded the motion, and it carried 5-0. OTHER BUSINESS 17. CITY MANAGER'S REPORTS City Manager Garcia mentioned the upcoming joint meeting of the Council and the Chula Vista Redevelopment Corporation on September 4, 2007, at 6:00 p.m. in the Council Chambers, to discuss the City's redevelopment program. 18. MAYOR'S REPORTS Mayor Cox stated that tickets for the ice cream social on August 18, 2007, were still available. She also indicated that applications for the Citizens Leadership Academy would be accepted until August 20, 2007, and further information was available through the City's website. A. B. C. ACTION: Ratification of appointment of Duane Bazzel to the Growth Management Oversight Commission. Ratification of appointment of Stan Canaris to the Growth Management Oversight Commission. Ratification of appointment of Bertha Lopez to the International Friendship Commission. Mayor Cox moved to ratify the appointments of Duane Bazzel and Stan Canaris to the Growth Management Oversight Commission and Bertha Lopez to the International Friendship Commission. Councilmember McCann seconded the motion, and it carried 5-0. Page 12 - Council Minutes !'~. IF') L../ ,:.- August 14, 2007 DRAFT OTHER BUSINESS (Continued) 19. COUNCIL COMMENTS Councilmember Castaneda reported that the City received notification that National Geographic Magazine would be doing a story on the Endangered Species Act at the Chula Vista Nature Center. He added that the Nature Center would welcome its one-millionth visitor on August 16, 2007. Deputy Mayor Rindone congratulated the Third A venue Village Association and Chula Vista Chamber of Commerce for the well-attended Lemon Festival. He also expressed condolences to the family of Marilyn Lassman, who recently passed, stating that Ms. Lassman was a community giver and leader. He asked that the meeting be adjourned in her loving memory. The Council recessed to Closed Session at 10:07 pm. CLOSED SESSION 20. PUBLIC EMPLOYEE PERFORMANCE EVALUATION PURSUANT TO GOVERNMENT CODE SECTION 54957 Title: City Clerk ACTION: Direction was given to the City Clerk. ADJOURNMENT At 11:15 p.m., Mayor Cox adjourned the Council in memory of Marilyn Lassman to an Adjourned Regular Meeting on August 16, 2007, at 6:00 p.m. in the Executive Conference Room in City Hall; and thence to an Adjourned Regular Meeting on September 4,2007, at 6:00 p.m. in the Council Chambers; and thence to the Regular Meeting of September 11, 2007, at 6:00 p.m. in the Council Chambers. The Adjourned Regular Meeting of September 6, 2007, was cancelled. ~ Lorraine Bennett, CMC, Deputy City Clerk Page 13 - Council Minutes August 14, 2007 /D-/3 DRAFT MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA August 16,2007 6:15 P.M. An Adjourned Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:20 p.m. in the Executive Conference Room, City Hall, 276 Fourth Avenue, Chula Vista ROLL CALL: PRESENT: Councilmembers: McCann, Ramirez, Rindone and Mayor Cox ABSENT: Councilmembers: Castaneda ALSO PRESENT: Senior Assistant City Attorney Marshall PUBLIC COMMENTS There were none. ACTION ITEM 1. INTERVIEWS OF APPLICANTS FOR POSITIONS ON THE PARKS AND RECREATION COMMISSION Mayor Cox announced that Bill Poindexter had withdrawn his application from consideration. The City Council interviewed applicants Israel Garza, Guy Chambers, Brandon Fuentes, and John Ray. ACTION: Deputy Mayor Rindone moved to appoint Guy Chambers and Israel Garza to the Parks and Recreation Commission. Councilmember McCann seconded the motion, and it carried 4-0. OTHER BUSINESS 2. CITY MANAGER'S REPORTS There were none. 3. MAYOR'S REPORTS There were none. 4. COUNCIL COMMENTS There were none. IE -I DRAFT ADJOURNMENT At 7:27 p.m., Mayor Cox adjourned the meeting to an Adjourned Regular Meeting on September 4,2007, at 6:00 p.m. in the Council Chambers, and thence to the Regular Meeting of September 11, 2007 at 6:00 p.m. in the Council Chambers. Page 2 - Council Minutes hap:! Iwww.chulavistaca.!lOV 't-- ,/") J " ! - -,?- August 16, 2007 RECEI\. ."C r; "' Ir~~. ~l~ -.- "-- --- ""i:~""'ti:"~ - - Mayor and City Council '07 OCT 1 0 P 4 '.23 City Of Chula Vista 276 Fourth Avenue Chula Vista, Ca 91910 619.6915044-619.476.5379 Fax CITY OF CHULA ViS I' CITY CLERK'S OFFIC! MEMO COY OF CHULA VISTA Wednesday, October 10, 2007 FROM: The Honorable Mayor & City Council Natalie D. Flore~.~ Deputy Mayor Jerry Rindone Excused Absence from City Council Meeting TO: RE: Deputy Mayor Jerry Rindone has requested an excused absence from the City Council Meeting of October 9, 2007 as he was attending MTS' annual meeting. Cc: City Clerk ~-/ ....n.O~ ORDINANCE NO. ~~ ~O'(" ORDINANCE Of THE CITY Of ~~~ VISTA ALLOWING THE TEMPO~~CEMENT Of PORTABLE SIGNS IN DE$'MATED PORTIONS Of PUBLIC RIGHTS-Of-WAY I. Recitals. WHEREAS, the Chula Vista Municipal Code currently prohibits the placement of signs in the public rights-of-way in order to protect aesthetics, promote an orderly appearance, and prevent potential traffic hazards, safety hazards and nuisances; and WHEREAS, the City of Chula Vista has a substantial interest in protecting the aesthetic appearance of the community by avoiding visual clutter and in assuring safe and convenient traffic and pedestrian circulation on City streets; and WHEREAS, the City of Chula Vista has been approached by several concerned residents who feel they are unable to adequately market their homes via open houses because of the City's existing sign regulations; and WHEREAS, the City of Chula Vista may allow the use of its public rights- of-way under ordinance and/or City Council Policy; and WHEREAS, in an effort to assist in the promotion of local businesses and the sale of real estate within the City, this program permits placement of signs in designated portions of the public rights-of-way during specified dates and times; and WHEREAS, the City of Chula Vista has proposed a new chapter be added to Title 12, Streets and Sidewalks, to allow for the temporary placement of portable signs within designated areas of public rights-of-way; and WHEREAS, the strict limitations placed on the temporary placement of portable signs in this ordinance will ensure that: (i) the City's interests in the aesthetic appearance of the community and convenient traffic and pedestrian circulation are protected; (ii) nuisances and safety hazards are avoided; (iii) the City's risk is limited through an indemnification and insurance requirement; and, (iv) the City's costs associated to administer and enforce the program will be paid for by a permit fee; and WHEREAS, on August 8, 2007, the Planning Commission voted unanimously to recommend passage of the proposed ordinance to the City Council. 3-1 Ordinance No. Page 2 I. . \"J I~; ", ,_ "-',1 NOW, THER'EFORli, THE CITY COUNCIL of the City of Chula Vista does . ~~. - "'--. hereby ordain as follows: "". "'., 'f t.....~ ''''".. 1. That the proposed Temporary Placement of Portable Signs in Designated Portions of Public Rights-of-Way ordinance be enacted as follows: 12.50. TEMPORARY PLACEMENT OF SIGNS IN DESIGNATED PORTIONS OF THE PUBLIC RIGHTS-OF-WAY. 12.50.010 PURPOSE AND INTENT. The purpose of this chapter is to allow limited placement of signs in the public rights - of - way under clearly defined time, place and manner requirements through the use of a permit process. The application and process will set forth the rights and responsibilities of any individual or group that seeks to place signs in the public rights-of-way. 12,50.020 AUTHORITY. California Penal Code section 556 provides that signs may be temporarily placed in public rights-of-way only after the person placing the sign in the rights-of-way has received the lawful permission of the City by permit and in accordance with the restrictions on signs set forth in this section. It shall be the responsibility of the Director of Planning and Building or his or her designee to receive applications and fees. issue permit stickers, and monitor the temporary placement of portable signs. 12.50.030 DEFINITIONS. For purposes of this chapter, the definitions found in chapter 19.60.060 apply. 12.50.040 PERMIT ISSUANCE. A Except for signs allowed under Section VIII of City Council Policy 465-02, no sign shall be placed within any portion of the public right-of-way without first being issued a Temporary Public Right-of-Way Sign Permit from the City of Chula Vista. To obtain a permit, the requestor/permitee shall: 1. Complete and sign an application form as required by the Director of Planning and Building. 2. Indemnify and hold the City, its officers, employees, and representatives harmless from all liability for damage or claims for damage for personal injury, including death, and claims for property damage, which may arise from the direct or indirect operations of the Permittees, agents, employees, or other persons acting on the Permittees' behalf for all damages and claims for damages suffered or alleged to 3-2 Ordinance No. Page 3 have been suffered by reason of the obligations referred to in the Permit, regardless of whether or not the City approved plans or specifications or inspected any of the signs erected pursuant to this permit. 3. Provide proof of and maintain in force, policies or certificates of insurance, of comprehensive public liability insurance in a combined single limit amount of at least $1,000,000. Such insurance shall be procured from an insurer authorized to do business in California, shall provide primary and not excess coverage, shall name the City of Chula Vista as additional insured. Lapse of valid insurance shall immediately render void any permit issued pursuant to this section. 4. Remit the permit fee. Permit stickers are issued on a calendar year basis and are not prorated. The fee for the permit shall be set by the City Council. Two permit stickers numbered alike shall be issued for each fee paid so that a permit is visible on each side of every sign. B. Permits are issued to an individual, business, or group and shall not be reassigned or transferred. 12.50.050 TIME, PLACE AND MANNER RESTRICTIONS. Except for signs allowed under Section VIII of City Council Policy 465-02, all Portable Signs are subject to the following conditions: 1. Size. The total face area of each sign shall not exceed twenty-four (24) inches by twenty-four (24) inches in size. Doubled-faced signs are considered a single sign and only require one permit with a permit sticker placed on each side of the sign. 2. Height and Width. The vertical distance measured from ground level to the highest point of such sign or supporting device and the width of the supporting device may not exceed three (3) feet. 3. Type. Signs shall be portable, self-supporting, and of sufficient weight that the sign remains upright and in the same position for the entire time the sign is in the public right-of-way. No portion of the sign or supporting device shall be placed or driven into the ground. Signs and supporting devices shall be maintained in good condition at all times and shall be constructed out of quality weather resistant 3-3 Ordinance No. Page 4 materials normally used in professional signage. No cardboard or paper signs are allowed. 4. Attachments. Signs and supporting devices may not contain brochure boxes, tear off flyers/coupons, or any similar type of attachment. No balloons, flags, pennants. or similar devices may be attached to a sign or supporting device. 5. Identification. Signs must contain, in legible font, on an area no less than two (2) inches by three and one-half (3%) inches (business card size) the name, mailing address, and contact phone number of the individual responsible for the sign. 6. Permit sticker. Each sign placed in the public right-of-way must have a valid permit sticker affixed to both sides of each sign whether or not it is a double-faced sign. 7. Time. Signs shall only be displayed from Saturday at 6:00 a.m. through Sunday at 6:00 p.m. and on the listed City observed holidays from 6:00 a.m. through 6:00 p.m. January 1 (New Year's Day) The third Monday in January (Martin Luther King Jr Day) March 31 (Cesar Chavez Day) The last Monday in May (Memorial Day) July 4 (Independence Day) The first Monday in September (Labor Day) The second Monday in November (Veteran's day) The third Thursday of November (Thanksgiving Day) The day after Thanksgiving Day December 25 (Christmas Day) 8. Location. No sign shall be placed, displayed, used or maintained: (a) On any sidewalk, walking path, bike lane, street, roadway area, traffic circle, round about, or center median or island area. (b) On public rights-of-way adjacent to streets undergoing active construction, repair, or maintenance including landscape installation. (c) In such a manner as to obstruct the view of any official public sign. 3-4 Ordinance No. Page 5 (d) On any right-of-way if the location obstructs the safe and convenient use by the public of any street, sidewalk, or curbside parkway area. (e) Within five (5) feet of the beginning of the curb return of any intersections, whether the intersections have marked or unmarked crosswalks. (f) Within five (5) feet of a fire hydrant, private or public driveway, traffic signal, traffic sign, USPS Mail receptacle, community mail box, public trash receptacle, designated bus stoplbench, or any other bench on the sidewalk. (g) On any traffic control signs or devices, street light, utility, or communications standards or poles and any of their supporting structures or equipment. (h) In any manner that causes a visual obstruction to traffic that may create a hazard to traffic and/or pedestrians. (I) In any manner that injures, damages and/or destroys any plantings or vegetation within the right-of-way. U) Within eighteen (18) inches from the face of curb. (k) On any public right-of-way adjacent to streets during special events. (I) In any City park. (m) Within any vision clearance area as defined in CVMC section 12.12.130. 12.50.060 RESPONSIBILITY. For purposes of this section, and in accordance with California Penal Code section 556.4, any and all information that appears on any sign, including, but not limited to, name (business or individual), address, telephone number, or e-mail address, may be used as evidence of responsibility for placement of a sign. Permitees and non-permitees shall be responsible for monitoring sign placement and shall be held responsible should any sign they are responsible for be placed or moved to a location that violates any portion of this or any other applicable section of the Chula Vista Municipal Code. 3-5 Ordinance No. Page 6 12.50.070 REMOVAL OF SIGNS. Any sign installed, placed, displayed, maintained, or located in violation of this or any other applicable section may be summarily removed by the City or its contractors and discarded. 12.50.090 LOSS OR THEFT. The City is not responsible for loss or theft of signs and/or permit stickers. 12.50.090 VIOLATION/PENALTY. Violations of this chapter are strict liability offenses regardless of intent. Any person, firm, or corporation that violates any portion of this section may be subject to prosecution and/or administrative enforcement under chapters 1.20 and 1.41. 12.050.100 APPEALS. Any person aggrieved by any of the requirements of this section may appeal insofar as such appeal is allowed under chapter 1.40. II. Severability. The City Council declares that should any provision, section, paragraph, sentence or word of this ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences, or words of this ordinance shall remain in full force and effect. III. Effective Date. This ordinance shall take effect and be in full force on the sixtieth day from and after its second reading. Presented by Approved as to form by 1kn~ Mo.r~\l Ann Moore City Attorney James D. Sandoval Director of Planning and Building 3-6 ORDINANCE NO. ~U ~O?\\O~ ~~~G~ ORDINANCE OF THE CIT,:(~~ ,-,HULA VISTA AMENDING THE DEF~~bNS IN TITLE 19 SECTIONS 19.60.060 AND 19.60.600 I. Recitals. WHEREAS, the Chula Vista Municipal Code currently prohibits the placement of signs in the public rights-of-way in order to protect aesthetics, promote an orderly appearance, and prevent potential traffic hazards, safety hazards and nuisances; and WHEREAS, the City of Chula Vista has a substantial interest in protecting the aesthetic appearance of the community by avoiding visual clutter and an interest in assuring safe and convenient traffic and pedestrian circulation on City streets; and WHEREAS, the City of Chula Vista may allow the use of its public rights- of-way under ordinance and/or City Council Policy; and WHEREAS, in an effort to assist in the promotion of local businesses and the sale of real estate within the City, this section sets forth a limited opportunity to place signs in designated portions of the public rights-of-way during specified dates and times; and WHEREAS, the City of Chula Vista has proposed a new chapter be added to Title 12, Streets and Sidewalks, of the Municipal Code to allow for the temporary placement of portable signs within designated areas of public rights- of-way; and WHEREAS, the strict limitations placed on the temporary placement of portable signs in this ordinance will ensure that: (i) the City's interests in the aesthetic appearance of the community and convenient traffic and pedestrian circulation are protected; (il) nuisances and safety hazards are avoided; (Hi) the City's risk is limited through an indemnification and insurance component, and; (iv) the City's costs associated to administer and enforce the program will be paid for by a permit fee; and WHEREAS, the passage of the proposed addition to Title 12 will be in conflict with existing language in Title 19 sections 19.60.060 and 19.60.600; and WHEREAS, the height and placement restrictions on residential for sale signs in Title 19 are outdated and do not reflect the current neighborhood development or industry standards; and 4-1 WHEREAS, on August 8, 2007, the Planning Commission voted unanimously to recommend passage of the proposed ordinance to the City Council. NOW THEREFORE THE CITY COUNCIL of the City of Chula Vista does hereby ordain as follows: 1. That the proposed amendments be added to Title 19 sections 19.60.060 and 19.60.600 as follows: . 19.60.060 Definitions. "Balloon" means anv rubber. plastic. Mylar or other material capable of beina inflated with air or other aas. "Illegal sign" means: (a) any sign originally erected or installed without first complying with all structural, locational, design, building, and electrical regulations in effect at the time of its construction or installation; (b) any sign that is not maintained, or is not used to identify or advertise an ongoing establishment, occupancy, product, good or service available on the site of the sign for more than 90 days; (c) any unsafe sign; (d) any legal nonconforming sign that has not been removed following the expiration of the 15-year amortization period provided for in this chapter; and (e) any sign that is in violation of the provisions of this chapter (fJ anv sian that is in violation of 12.50 CVMC. .Pennant" means any liGhtweiGht plastic. fabric. or other material. whether or not containinG a messaGe of any kind. suspended from a rope, wire. strina. stick or pole whether individuallv or in a series. desianed to move in the wind and draw attention to a sian. place, product and/or event. .Streamer" see pennant. "Temporary Public RiGht of Way Sian Permit" means the official self-adhesive serialized stickers. which contain the City lOGO and appropriate calendar year issued by the City under CVMC 12.50. 19.60.600 Specialty signs. The signs described in this section are based on the legal use of the land on a particular parcel. C. Real Estate Signs. On any parcel or separately rentable portion thereof, sign(s) pertaining to economic transactions 4-2 regarding the property (such as sale, rental, lease, exchange, etc.) is allowed, subject to the land owner's consent and: 1. Maximum Sign Area. Commercial and industrial zones, 32 square feet; agricultural zones, 32 square feet for undeveloped acreage of one acre or more, otherwise 4.5 square feet; residential zones, 4.5 square feet. 2. Height, If Freestanding. No freestanding sign shall exceed 10 feet in height in any commercial or industrial zone or in the agricultural zone for undeveloped acreage of one acre or more. In all other zones, the maximum height shall be limited to ~ Q feet. 3. Number of Signs. Through lots shall be allowed one sign on each street. Comer lots shall be permitted one sign only. 4. Setback. Freestanding signs shall maiRtain a 1 9 fGet seteask tram all Fln~l'lerty liRes not violate the Vision clearance - Intersection reauirements in CVMC 12.12.120 and/or the Vision clearance - Drivewav reauirements in CVMC 12.12.130. 5. Vacancy Signs. Real estate signs reflecting the vacancy status and availability of commercial or industrial space within a structure designed for multiple occupancy, whether through rental, sale or lease, shall be limited to a maximum sign area of 16 square feet. Not more than one sign may be used facing a dedicated street. The sign may be attached flat against the building or be part of a permitted freestanding sign if designed to be part of said sign and providing the total sign area does not exceed the area permitted for the freestanding sign. 6. Location. On the property to which the sign pertains, or on other private property with the consent of that property owner or as permitted in CVMC 12.50. 7. Open House Signs - Special Rules. Off-premises temporary real estate open house signs are allowed Flsrmitted within all residential zones subject to: a. No more than five off-premises open house signs shall be allowed for each residential open house which occurs, except as permitted in CVMC 12.50. b. No more than one sign shall be allowed to be placed on any interior parcel and no more than two on a corner lot (one per street frontage). c. Off-premises open house signs shall only be displayed during daylight hours except as permitted in CVMC 12.50. d. Signs shall be no larger than four square feet and shall be located at minimum of three feet from the sidewalk or 10 feet from the curb or edge of pavement, where no sidewalk exists exceot as oermitted in CVMC 12.50. e. An off-premises temporary real estate open house sign shall only be permitted in conjunction with an open house held for the resale of one single-family residence. 4-3 f. Off-premises signs advertising the sale of more than one lot or more than two dwellings constitutes a subdivision directior:lal sign subject to the regulations outlined in subsection (E)(3) of this section. g. Off-premises open house signs are prohibited within the public right-of-way exceDt as Dermitted in CVMC 12.50. II. Severability. The City Council declares that should any provision, section, paragraph, sentence or word of this ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences, or words of this ordinance shall remain in full force and effect. III. Effective Date. This ordinance shall take effect and be in full force on the sixtieth day from and after its second reading. Presented by Approved as to form by James D. Sandoval Director of Planning and Building ~~\i\u~\}. Ann Moore City Attorney K:\BLD_KSGICode EnforclTemp Signs in the PROWICOUNCIL PACKAGE 9-4-07.doc 4-4 CITY COUNCIL AGENDA STATEMENT ~~ CITY OF '= -<: ,~ CHULA VISTA 10/16/07, Iteml ITEM TITLE: RESOLUTION ACCEPTING INFORMAL BIDS AND AWARDING A CONTRACT FOR THE NORTH PONY LEAGUE FIELD IMPROVEMENTS AT EUCALYPTUS PARK (PR-286) PROJECT TO MERZ CONSTRUCTION, INC. SUBMITTED BY: DIRECTOR OF ENGINEERING AND GENERAL SERVICES ~ . CITY MANAGER /# ~ II ASSISTANT CIT~;~R 4/5THS VOTE: YES 0 NO [;2;J REVIEWED BY: BACKGROUND Per section 1009 of the City's Charter, the Director of Engineering and General Services, in an effort to secure competitive prices from interested contractors, invited four contractors to submit informal bids for the construction of improvements to the North Pony League Field at Eucalyptus Park. The fmal date for submittal of informal bids was April 12, 2007. This deadline was extended to May 9,2007 due to a lack ofresponse to the original request for bids. RECOMMENDATION That Council adopt the resolution accepting informal bids and awarding a contract for the North Pony League field improvements at Eucalyptus Park (PR-286) project to Merz Construction, Inc. BOARDS/COMMISSION RECOMMENDATION Not applicable. DISCUSSION The North Pony League Field Improvements at Eucalyptus Park (PR-286) project was approved by the City Council during the Fiscal Year 2006-07 CIP process. The project provides for various improvements to the North Pony League Fields including, but not limited to, removal and replacement of shed, relocation and installation of sprinklers and installation of chain link fence with gate. Plans and specifications were prepared in house, and four contractors were invited to submit informal bids, however only one contractor responded. 5-1 10/16/07, Item~ Page 2 of2 CONTRACTOR BID Merz Construction, Inc., Spring Valley, CA $27,574.00 Dynalectric, San Diego, CA No Bid Submitted Chula Vista Electric, Chula Vista, CA No Bid Submitted Berg Electric, Escondido, CA No Bid Submitted The apparent lowest bid by Merz Construction, Inc., $27,574.00, is below the project estimate. Merz Construction Inc. has successfully completed other projects with the City such as the Marketplace within the Civic Center Library, trash enclosures and various items at the Animal Care Facility. The contractor's license has been verified and is in good standing. Wage Statement The funding for this project is State Recreation Grant funds. Therefore this is a prevailing wage project. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project qualifies for a Class 1 categorical exemption pursuant to Section15301 [Existing Facilities] of the State CEQA Guidelines. Thus, no further environmental review is necessary. DECISION MAKER CONFLICT Staff has reviewed the property holdings ofthe City Council and has found no property holdings within 500 feet of the boundaries of the property of which is the subject of this action. FISCAL IMPACT There is no impact to the General Fund as there are sufficient funds in the project necessary for completion. Breakdown of project costs is as follows: FUNDS REQUIRED FOR CONSTRUCTION A. Contract Amount $27,574 B. Staff Costs $4,000 C. ContiIlgencies (10% per Citypolicv) $2,757 TOTAL FUNDS REQUIRED FOR CONSTRUCTION $34,331 FUNDS A V AILABLE FOR CONSTRUCTION State Recreation Grant Funds $34,331 TOTAL FUNDS A V AILABLE FOR CONSTRUCTION $34,331 ATTACHMENTS None. Prepared by: Dick Thompson, Sr. Building Project Manager, Engineering and General Services Department J:\General Services\GS Adrninistration\Council AgendaW Pony League at Eucalyptus Park\PR286 N Pony League jg revisions.doc 5-2 RESOLUTION 2007- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING INFORMAL BIDS AND A WARDING A CONTRACT FOR THE NORTH PONY LEAGUE FIELD IMPROVEMENTS AT EUCALYPTUS PARK (PR-286) PROJECT TO MERZ CONSTRUCTION, INC. WHEREAS, the North Pony League Field Improvements at Eucalyptus Park (PR-286) project was approved by the City Council during the Fiscal Year 2006-07 CIP process; and WHEREAS, the project provides for various improvements to the North Pony League Fields including, but not limited to, removal and replacement of the electrical equipment, removal of the old existing shed, relocation and installation of sprinkler controllers, and installation of chain link fence with gate for protection; and WHEREAS, plans and specifications were prepared by Salhi and Salhi Engineering Company; and WHEREAS, pursuant to City of Chula Vista Charter section 1009, staff invited four contractors to submit informal bids; however only one contractor responded as follows: CONTRACTOR BID Merz Construction, Inc., Spring Valley, CA $27,574.00 Dynalectric, San Diego, CA No Bid Submitted Chula Vista Electric, Chula Vista, CA No Bid Submitted Berg Electric, Escondido, CA No Bid Submitted WHEREAS, the bid by Merz Construction, Inc. is below the estimated cost of the project; and WHEREAS, there is no impact to the General Fund as there are sufficient funds in the project account necessary for completion; and THEREFORE, BE IT RESOLVED, by the City Council of the City of Chula Vista that it accepts the informal bid and awards a contract for the North Pony League Field Improvements at Eucalyptus Park (PR-286) project to Merz Construction, Inc. Presented by Approved as to form by ~t~ It /C~ r Ann Moore City Attorney Jack Griffin Director of Engineering and General Services H:\ENG1NEER\RESOS\Resos2007\ I O-16~07\PR286 revised by jack and ec.doc 5-3 CITY COUNCIL AGENDA STATEMENT ~~f:. CITY OF ~H~ CHULA VISTA OCTOBER 16, 2007 Item jp ITEM TITLE: RESOLUTION ACCEPTING A GRANT FROM THE KAISER FOUNDATION HOSPITALS, SOUTHERN CALIFORNIA REGION COMMUNITY BENEFIT CHARITABLE CONTRIBUTIONS PROGRAM FOR THE IMPLEMENTATION OF A KAISER PERMANENTE CHULA VISTA KIDS (KP/CV KIDS) HEALTH PROMOTION PROGRAM, AND APPROP NG FUNDS THEREFOR CITY MANAGER ASSISTANT CITY AGER SUBMITTED BY: REVIEWED BY: 4/5THS VOTE: YES 0 NO D BACKGROUND The Recreation Department has been awarded a one-year grant in the amount of $19,115 from the Kaiser Foundation Hospitals, Southern California Region Community Benefit Charitable Contributions Program for the implementation of a Kaiser Permanente/Chula Vista Kids in Dynamic Shape (KP/CV KIDS) Program, per the attached Letter of Agreement and Memorandum of Understanding (MOD) (Attachments "A" & "B"). The program's goal is to promote healthy eating and increase physical activity for children through focus on families. Funding will provide all equipment, course materials, staffing, community outreach, coordination and support for one six-week session of the program. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed aCllvlty for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines because it does not involve a physical change to the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. 6-1 OCTOBER 16, 2007 Item lL Page 2 of3 RECOMMENDATION That Council adopt the resolution accepting the grant from Kaiser Foundation Hospitals, amending the FY08 Recreation Department budget by appropriating $5,985 in Personnel Services and $13,130 in Supplies and Services based on unanticipated revenue. BOARDS/COMMISSION RECOMMENDATION Not applicable. DISCUSSION Need for the Program As noted by Healthy Eating Active Communities (HEAC), childhood obesity is at epidemic levels in western Chula Vista.l The rate of children who are overweight in the 79th Assembly District, including zip codes 91910 and 91911, is 36% and 42.6% respectively. With overweight children facing a greater risk of developing health problems, HEAC is working closely with its grantees and the City of Chula Vista to address obesity and diabetes among children. Proposed Program The Department has been offered an opportunity to partner with Kaiser Permanente to provide a unique health promotion program, Kaiser's Kids in Dynamic Shape (KP KIDS) Program.2 This program, designed for children age 5-12 years and their family members (at least one parent or caregiver is req]lired to attend the program with their child), will be held at Otay Recreation Center January II-February 15, 2008. Otay Recreation Center was selected given its location in the area targeted by HEAC, and the fact that one of the grant eligibility requirements of the Community Benefit Charitable Contributions Program is "access to healthcare and services for vulnerable populations" and "community health improvement". Once the program becomes fully operational and self-sustaining, additional areas of the City may be added. The KP/CV KIDS session offers a weekly 90 minute class which includes 30 minutes of nutrition, 30 minutes of physical activity and 30 minutes of behavior change education for the children and family members. The program fee of $40 per child ($50 non- resident) is made possible through scholarship funding provided by the grant and is approximately 50% of what Kaiser charges for the same program in one of its facilities. For future programs not covered by the grant or additional outside funding, an $80-90 registration fee will be necessary to cover costs. The accessibility of the Otay Recreation Center and other City recreation facilities will provide residents with an opportunity to access this program in a convenient and fun, recreational setting that may be more inviting than a traditional medical facility. The KP KIDS Program is also being initiated in the cities of Venice, North Valley and EI Cajon. 1 Healthy Eating, Active Communities (HEAC), a four-year initiative funded by the California Endowment, addresses childhood obesity and diabetes by improving food and physical activity environments. 2 The Kaiser Permanente Kids in Dynarnic Shape (KP KIDS) Program was originally designed and implemented in a medical setting by staff at Kaiser Permanente Panorama City. 6-2 OCTOBER 16, 2007 Item Co Page 3 of3 Program Obiectives and Expected Outcomes Program objectives include providing participating children and their families with (1) information on how to choose, shop and prepare nutritious, healthy and well-balanced meals, (2) games and physical activities for the whole family to enjoy and become physically fit, and (3) parent behavior modification skills and motivational techniques to get children healthy and in better shape. Expected outcomes for participating children and family members include (1) eating smaller portions and making healthier food choices, (2) eating five helpings of fruits & vegetables per day, (3) cutting down on juice and soda, (4) lirniting "screen time", and (5) increasing physical activity levels. Long-t= Strategies for the Program Upon completion of the initial KP/CV Kids Program, any additional programs offered by the Department will need to be fully supported by fees charged to the participants. However, in order to keep the cost of the program as low as possible to make it accessible to the greatest number of children possible, the Department will pursue additional grants and sponsorships by local service organizations, agencies and businesses. DECISION MAKER CONFLICT Staff has reviewed the property holdings of the City Council and has found no property holdings within 500 feet of the boundaries of the properties that are the subject of this action. FISCAL IMPACT The FY08 General Fund budget for the Recreation Department is proposed to be amended by $19,115 for the Kaiser Permanente/Chu1a Vista Kids in Dynamic Shape (KP/CV KIDS) Program, funded by the Kaiser Foundation Hospitals, Southern California Region Community Benefit Charitable Contributions Program. The $19,115 grant will be allocated as follows: $5,985 in Personnel Services and $13,130 in Supplies and Services. There will be no impact to the General Fund. Full payment of the grant award will be made to the City following Kaiser's receipt of the signed contract. Any additional sessions of the program will be offered on a cost-recovery basis only, with revenue generated from class fees and/or potential, additional public/private partnerships fully covering all program expenditures. ATTACHMENTS Attachment A-Letter of Agreement, Kaiser Foundation Hospitals, Southern California Region Community Benefit Charitable Contributions Program Attachment B-Community Clinic/Organization Memorandum of Understanding for Kaiser Permanente Kids in Dynamic Shape (KP KIDS) Program Prepared by: Brian Cox, Principal Recreation Manager, Recreation Department 6-3 LEITER OF AGREEMENT KAISER FOUNDATION HOSPITALS ,SOUTHERN CALIFORNIA REGION COMMUNITY BENEFIT CHARITABLE CONTRIBUIIONS PROGRAM Access to Health CarliServices for Vulnerable Populations Grant Programs This Letter of Agreement (hereinafter "Agreement") Regarding Community Benefit Funds ("Memorandum"), dated as of the September 4,2007, is entered into by and between Kaiser Foundation Hospitals, a California nonprofit, public benefit corporation (hereinafter "KFH" ) and City of Chula Vista Recreation Department ("Donee"), [a California nonprofit, public benefit corporation, that is exempt from federal income tax under section 50 I (c)(3) of the Internal Revenue Code or a charter city organized in the State of California and not subject to federal or state income tax] This Agreement sets forth the understanding of the parties hereto as to the terms and conditions under which KFH shall donate funds in the amount of $19,115.00 ("Donation") for a one year funding period beginning April 2007 through May 2008. Such terms and conditions are as follows: 1. Tax Exemption Status: Donee represents that at all times relevant herein, it is a California nonprofit public benefit corporation exempt from federal income taxes under section 501 (c)(3) of the Internal Revenue Code or [ a charter city organized in the State of California and not subject to federal or state income tax]. 2. Purpose of Donation. Donee shall use entire Donation to support the specific goals, objectives, activities, and outcomes as stated in the Donee's Evaluation Plan. 3. Expenditure of Funds. This Donation (together with any income earned upon investment of grant funds) is made for the purpose outlined in the Donee's Evaluation Plan and may not be expended for any other purpose without KFH's prior written approval. 4. Prohibited Uses. In no event shall Donee use any of the funds from this Donation to (a) support a political campaign, (b) support or attempt to influence any government legislation, except making available the results of non-partisan analysis, study or research- or (c) grant an award to another party or for any purpose other than one specified in Section 170(c)(2)(b) of the Internal Revenue Code of 1986 as amended. 5. Return of Funds. KFH reserves the right to discontinue, modify or withhold payments to be made under this Agreement or to require a total or partial return of any funds, including any unexpended funds under the following conditions: (a) If KFH, in its sole discretion, determines that the Donee has not performed in accordance with this Agreement or has failed to comply with any term or condition of this Agreement (b) If Donee loses its status as an eligible donee under Paragraph 1 above. (c) Any portion of the funds is not used for the approved purpose. (d) Such action is necessary to comply with the requirements of any law or regulation applicable to Donee or to KFH or to this Donation. 6-4 5. Records, Audits and Site Visits. KFH is authorized to conduct audits, including on-site audits, at any time during the term of this Donation and within four years after completion of the Donation. Donee shall allow KFH and its representatives, at its request, to have reasonable access during regular business hours to Donee's files, records, accounts, personnel and client or other beneficiaries for the purpose of making such audits, verifications or program evaluations as KFH deems necessary or appropriate concerning this Donation. Donee shall maintain accounting records sufficient to identify the Donation and to whom and for what purpose such funds are expended for at least four (4) years after the Donation has been expended. 6. No Assignment or Delegation. Donee may not assign, or otherwise transfer, any rights or delegates any of Donee's obligations under this Agreement without prior written approval from KFH. 7. Records and Reports. Donee shall submit a written status report to KFH within 45 calendar days of each six-month period following the grant award using the Interim report format provided by KFH to detail the expenditure of the Donation and Donee's progress toward achievement of the purpose for which the Donation was made. Donee shall submit a written Final report to KFH no later than 45 calendar days after the completion of the grant period using the Final Report format provided by KFH. Donee shall submit an evaluation report, as part of the final written status report, to KFH detailing program results as defined in the evaluation plan. Donee shall be primarily responsible for the content of the evaluation report. IfKFH determines lRB approval is necessary, as part oftbe evaluation process, Donee shall follow KFH lRB approval processes and procedures. 8. Required Notification. Donee is required to provide KFH with immediate written notification of any change in Donee's tax exempt status or when Donee is unable to expend the grant funds for the approved purposes described in the Evaluation Plan. 9. Identification of KFH. Donee shall identify KFH as a supporting organization in all published material relating to the subject matter of this Donation. Whenever possible and appropriate, Donee shall publicly acknowledge KFH for this Donation. 10. Equal Emplovment Opportunity. Donee agrees to comply with and be bound by the nondiscrimination and affirmative action clauses contained in: Executive Order 11246, as amended, relative to equal opportunity for all persons without regard to race, color, religion, sex or national origin; the Vocational Rehabilitation Act of 1973, as amended, relative to the employment of qualified handicapped individuals without discrimination based upon their physical or mental handicaps; the Vietnam Era Veterans Readjustment Assistance Act of 1974, as amended, relative to the employment of disabled veterans and veterans of the Vietnam Era, and the implementing rules and regulations prescribed by the Secretary of Labor in Title 41, Part 60 of the Code of Federal Regulations (CFR). 11. Immigration Act Reauirements. Donee shall comply during the term of this Agreement with the provisions of the Immigration Reform and Control Act of 1986 and 6-5 any regulations promulgated thereunder. Donee hereby certifies that it has obtained a properly completed Employment Eligibility Certificate (INS Form 1-9) for each worker performing services related to the program described in the Evaluation Plan. 12. Licensing and Credentials. Donee agrees to maintain, in full force and effect, all required governmental or professional licenses and credentials for itself, its facilities and for its employees and all other persons engaged in work in conjunction with this Donation. 13. Payment of Donation. First Payment by KFH will be contingent upon a signed Agreement between KFH and Donee. Subsequent payments (if any) are contingent upon compliance with this Agreement, including timely receipt of reports as outlined in Paragraph 7 above. K~se1J:ion ~s By:. ./ J.A//'vt Diane Strum Director, Community Benefit Donee IN WITNESS WHEREOF, the parties hereto have executed this Agreement as or the date first above ",:ritten. By: Executi e Director Buck Martin Director of Recreation City of Chula Vista 6-6 COMMUNITY CLINIC/ORGANIZATION MEMORANDUM OF UNDERSTANDING FOR KAISER PERMANENTE KIDS IN DYNAMIC SHAPE (KP KIDS~ PROGRAM The Kaiser Permanente Kids in Dynamic Shape (KP KIDS) program was developed and copyrighted by Kaiser Permanente Panorama City Medical Center (KPPC). The KP KIDS Program will be overseen by Kaiser Permanente Regional Health Education. The program is available in English and Spanish. Each program consists of a six-session workshop. Each session is 1.5 hours and should be delivered once a week for six weeks. The KP KIDS program shall be facilitated by two trained professionals such as a registered dietitian and/or behaviorist and/or health educator (unless otherwise agreed). As such, implementation of the program must comply with the standards set forth by the KP KIDS program. This agreement between Kaiser Permanente, Regional Health Education and City of Chula Vista Recreation Department isvalidbeginningAugust21,2007. (Organization/Clinic) A. The Organization/Clinic agrees to: 1. Complete the Request Form. 2. Review, sign, and return this MOU at least 2 weeks prior to the KP KIDS training. 3. Identify and send 2 staff members (see above staffing) to complete the one-day training program. 4. Implement KP KIDS within 2 to 3 months after the training. 5. Identify and secure space to implement the KP KIDS program. 6. Implement KP KIDS for at least 1 year and offer a minimum of two complete 6-session programs. 7. Deliver the curriculum content as written and follow the process/order of the information. 8. Have two staff members co-teach KP KIDS. 9. Use the program participant post survey and submit a copy to Kaiser Permanente. 10. Send copy of post survey and sign-in sheet to Kaiser Permanente. 11. Share planned class dates, location etc. for each year with Kaiser Permanente. 12. Participate in quarterly conference calls to dialogue, network, and share/receive program feedback/updates and sharellearn about best practices. 13. Complete a program questionnaire provided by Kaiser Permanente to assess how KP KIDS is being implemented at the new site. 14. Forward all items above to Kaiser Permanente Regional Health Education by mail, fax, or e-mail (Martha Valencia, Kaiser Permanente, Health Education 393 E. Walnut Street, Pasadena CA 91188 (Martha.r.valencia@kp.oro; 626-564-3647 fax). 15. Credit any promotional flyers/materials for KP KIDS to Kaiser Permanente. NON-PROFIT COMMUNITY BASED ORGANIZATION AND AGENCIES 1 6-7 B. Kaiser Permanente Regional Health Education (KPRHE) agrees to: 1. Allow community organizations to observe a KP KIDS program at a Kaiser Permanente site. 2. Provide the one-day training and training materials. 3. Provide participant manuals. 4. Provide basic start-up program equipment: . Stadiometer for measuring heights . 9-inch cones (40) . 24-inch color hoops (12) (6 colors) . 5-inch color bean bags (60) (6 colors) . Coated foam balls, soccer (5) . Coated foam balls, basketball (5) . Coated foam balls, turbo football (3) . Pedometers 5. Provide all instructor materials. Each community organization will receive a comprehensive set of materials (multiple sites will each receive a master set), which includes a CD-ROM and a print copy of the entire KP KIDS Program Curriculum. 6. Provide master copies. The CD-ROM will contain both English and Spanish copies of curricula, activity handouts, sample roster, post survey, and sample promotional materials. The community organization may tailor some information from promotional material to reflect its location and specific contact information about its program. 7. Review the latest literature and guidelines to update program content. 8. Send out a questionnaire to assess how KP KIDS is being implemented at sites. 9. Share feedback from community organizations with the KP Program Review Committee. The committee will provide oversight and direction for program review and modification and will be the final deciding authority on all major modifications. · The review committee will meet bi-annually to review input and feedback submitted by organizations. Recommended modifications related to program structure, content, and delivery will be decided using an evidence-based approach. · Input for program revisions and modifications will be based on the following: o Minor Modification (e.g., changes in snacks/recipes, substitution of exercise, etc.) will be discussed and changes will be made based on group consensus. o Major Modification (program structure, curriculum content, nutrition and activity handouts, etc.) will be discussed between the review committee and organization(s). Recommendations will be made by the review committee for implementation. . As appropriate, program changes will be adopted and implemented regionwide. NON-PROFIT COMMUNITY BASED ORGANIZATION AND AGENCIES 2 6-8 -. ,--~~~ ---. ! C. Organization/Clinic has permission to use the KP KIDS materials and resources contingent upon the following guidelines: 1. The KP KIDS program must only be used for educational purposes. Educational purposes are limited to the training provided to organization/agency employees and volunteers. KPPC is the owner and holds the copyright of the product(s) and must be acknowledged in all print and electronic media as the original developer and copyright holder of the product(s) [Credit Line: Adapted from the KP KIDS TM Program, Kaiser Permanente Panorama City Medical Center]. 2. KPPC is the master trainer of the KP KIDS program. 3. The program and materials may only be reproduced and distributed for the sole purpose of administering the KP KIDS program for educational purposes. Any other use of the program in whole or part is strictly prohibited. 4. Rights to copy and utilize this product are limited, non-exclusive, and non- transferable. 5. Content information may not be added or excluded in any way, shape, or form during program implementation. 6. Derivatives of the program may not be created or modified for use in another program without prior written consent from KPPC. Users of the program cannot commercially exploit the program or any material derived from or based upon it. 7. KPRHE must be contacted for permission to reproduce or distribute the program or any material derived or adapted from the program for any use not specifically granted in this agreement. 8. This agreement may be terminated without cause by KPRHE upon a 3D-day written notice. Sincerely, Denise Schaefer Regional Director, Health Education Kaiser Permanente Southern California NON-PROFIT COMMUNITY BASED ORGANIZATION AND AGENCIES 3 6-9 I have read the above information and I agree the implementation and sponsorship of th ro conditions set forth concerning Si nature administrator or desi Date: 9/20/07 Printed Name: Buck Martin Title: Director of Recreation Organization: City of Chula Vista Recreation Department Complete Address: 276 Fourth Avenue, Chula Vista, CA 91910 Phone: (b19) 4U9-b9/9 Fax: (619) 409-5925 E-mail: bmartin@ci.chula-vista.ca us Si nature administrator or desi nee: /1 Printed Name: Di ane Strum Title: Director of Government and Community Relations Organization: Kai ser Permanente, San Di e90 Servi ce Area Complete Address: 4647 Zi on Avenue, San Di ego, CA 92120 Phone: (619) 528-7283 Fax: (619) 528-7535 Date: 10 10/07 E-mail: di ane. c. strum@kp.org NON-PROFIT COMMUNITY BASED ORGANIZATION AND AGENCIES 4 6-10 RESOLUTION NO. 2007- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A GRANT FROM THE KAISER FOUNDATION HOSPITALS, SOUTHERN CALIFORNIA REGION COMMUNITY BENEFIT CHARITABLE CONTRIBUTIONS PROGRAM FOR THE IMPLEMENTATION OF A KAISER PERMANENTE CHULA VISTA KIDS (KP/CV KIDS) HEALTH PROMOTION PROGRAM, AND APPROPRIATING FUNDS THEREFOR, WHEREAS, childhood obesity is at epidemic levels in western Chula Vista; and WHEREAS, with overweight children facing a greater risk of developing health problems, the City of Chula Vista is working with community groups to address obesity and diabetes among children; and WHEREAS, the Recreation Department has been offered an opportunity to partner with Kaiser Permanente to provide a unique health promotion program, Kaiser's Kids in Dynamic Shape (KP KIDS) Program; and WHEREAS, this program will be held at Otay Recreation Center from January II, 2008, through February 15,2008; and WHEREAS, once the program becomes fully operational and self-sustaining, additional areas of the City may be added; and WHEREAS, the program fee of $40 per child ($50 non-resident) is made possible through scholarship funding provided by the grant and is approximately 50 percent of what Kaiser charges for the same program in one of its facilities; and WHEREAS, Program objectives include providing participating children and their families with: (1) information on how to choose, shop and prepare nutritious, healthy and well- balanced meals; (2) games and physical activities for the whole family to enjoy and become physically fit; and, (3) parent behavior modification skills and motivational techniques to get children healthy and in better shape; and WHEREAS, upon completion of the initial KP/CV Kids Program, any additional programs offered by the Department will need to be fully supported by fees charged to the participants; and WHEREAS, the FY08 General Fund budget for the Recreation Department is proposed to be amended by $19,115 for the Kaiser Permanente/Chula Vista Kids in Dynamic Shape (KP/CV KIDS) Program, funded by the Kaiser Foundation Hospitals, Southern California Region Community Benefit Charitable Contributions Program; and J:\Alloml:y\RESQ\GRANTS\Kais=r Hospital Foundations lor KP..cY Kids_lo..l6-07.doc 6-11 Resolution No. 2007- Page 2 WHEREAS, the $19,1l5 grant will be added to the General Fund and allocated as follows: $5,985 in Personnel Services and $13,130 in Supplies and Services. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby accept a grant from the Kaiser Foundation Hospitals, Southern California Region Community Benefit Charitable Contributions Program for the implementation of a Kaiser Permanente Chula Vista Kids (KP/CV Kids) health promotion program, and appropriating funds therefore. BE IT FURTHER RESOLVED, that the $19,115 grant will be added to the General Fund and allocated as follows: $5,985 in Personnel Services and $13,130 in Supplies and Services. Presented by Approved as to form by -S\f~.'(""~~Q.)l\ Ann Moore \ City Attorney Buck Martin Director of Recreation J:lAl1omey\RESO\GRANTS\Kaiser Hospital Foundations for KP-CV Kjds_10-16.07.do~ 6-12 Attention Neighbors Help Us Stop Southwestern College from opening the rear exit onto Woodcrest Street Si ture ----QO 4~~)WUU1i r 01(/ tv- Print Name 0\JAI->.-\ 14- Or~ IICI VI Address ~ A ress~ J!jyyv'-- 0 Civu. / . Signature. sig~re 2 5. /(\(\-\t\RS) W ,,,,,^CCL.i;L-LArll) Y2 J.ii-dL- c- C{ 05 f- ~-- rl!JlS J ('. ddr s Z " _ ..-L- '\...- I ~ .::(,-u...... ~ Signature JA~~.. S. L [WhiJL- i.:..'br~~ fsLU'1~ mots Print Name . ,).. rR4\Jc1scn S ~5 Print Name 120::5 b.WsPfJ 7. --Joe-l Print Name ~. JA."'c 0' of~ A- Print Name ~ nature ,,-Sf A I\JS U f1A {<II 1Z.( 5 Print Name ~ OdOM QI.%rv-- ~-_.-....~'-----.- . '. Bijii! .....,...~ ,- , - \3~A I MS Ii. C:;o-tO ~ SI re 11.\. ~O~~ ~IJ 10 ~ .~ Help Us Stop Southwestern College from opening the rear exit onto Wood crest Street 15./ON/ l)tJTO ~ Addre Signature ' Attention Neighbors 10.fJ<<lnr ;v ScrhJ Print Name ii. r t1rffiVl () I , 1"YIDf) Pnnt Name t ~_mtI\ VI L~ ~_.... ) 13:_1<~l't?o. VL1D n\J rY'\Df'\ ~ (}.j). V I d () C)17J k. Cf2i(Z- Print Name ~ --_.__......~- ~ L I Gh t S'Zl'j f) J'.'k1~ll_ L- ;2J.. If tJP&CT cJ cIo/11 Print Name ~()k Signature 23. 'Y/l/VrE!b 0, ~)';4 Print Name ~ S. n A iJRtJ4 R. JiCM'7lf ~ fl. j~ ::2'-\. pfjnt Name - ~~~~ 'gnat ~ J5, ~\A. C\\tDS~ Print Name Signat (-e,.11'\ cx.~D De :;U. Print Address Sigdu~ ~~ :E- ~o If >:' (?. 110 1 'e Print Name Ar- L-/ s'2ll 'gnature Help Us Stop Southwestern College from opening the rear exit onto Woodcrest Street 2.CJ. SItIWMe P S'crVO/.f, 3io.~(F.P-WEJV HUN( Print Name ~rint e """" _ ... ... _ I'T/GJ Signature 31.A/V'R WO?A - ;!clIVI Print Name " Attention Neighbors 32 lhJo L fO uo;J1 63 Print Name / A ril- ~r- Signature 3cJ. ~ ~ Print Name Addri\~ Sign~u""~ . -.::--) 3'). !;.L.E;JA pL.O;rtE5 Print Name. .. ACCre)S ~~~~ Aignature . Sign 3'Zr ~ArA'ise\G \/o..f!WC\ ~ ~..'" dr s - U . Signature 4CJ. r Prin Name II Address Signature 4\. -SDS'iPj( is,'pJe- ~ _," .#- ff~.. ~ Print Name . ~~ ~/'- gnature Attention Neighbors Help Us Stop Southwestern College from opening the rear exit onto Woodcrest Street /-- ~ "P-\. / e x Print Name (a F'I"I/Io AV . r c?'/~ ~n;~ :::; LIs~6 sA C4 tel!..lf {.J - ~s C. tJll --i(~ ~ Signature LJ ~ A I, ~u; r rf l~P'N ' nnt aTe Address 4~,135.4;;t/L ;Jt'/iA- Print Name LA 5'3. --rern 0,y Print Name 5~,;;-~( \)cJ~"\~ll Print Name ~~~re\jjl ~ture SS. Cf\RoCltJA-- VflW1\2vCL.-1\- Print Name '5~, e~~ t ekcd ~ Signature . . Attention Neighbors Help Us Stop Southwestern College from opening the rear exit onto Woodcrest Street rD~.'ToV1C\.~'1M bJ~Io Print Name Sl. SusA-N \1\. BI~ ~ ~ . . 'fh.f;i~ ignature D \'u..nc, CL.r~r.en ~ 5 ''is. -- Address ~ ' Signature ~ Col. ~C1 y)fi1 Vi II (0ei10 V Print Name 07-. I/y /I fl5Ul (!):< Pnnt Name ~ Signature VJ"J. h..Dr Q I A- A- A-C-~ '>11\ Pnnt Name \ Address ~( Si~n re 0. ~ A restl Je. Signature V;5~, tit I <.os. !<uP<P4.?-14 '7'9 S7A D C Print Name . A.d. s /~-L i/=> \-c::> S(gnature / (Pft;, (j01cfLl rt1~ (bsfc~d6 PnntN Address ~ ~ Si~ ~ 101. ~{,'\~cl S(~~~~( Pnnt Name (0"6. A C.Jr,.... ~t~/;-- Pnnt Name A dress 1::h6.::..t SCki-A+'PNEc7L. Signature io9. Ch e(l!.! /I 009 Print Name 70,~e\i\,,\ c~"\\in Print Name Attention Neighbors Help Us Stop Southwestern College from opening the rear exit onto Woodcrest Street 1[. ~$\CC\ Print ame lJ... ,,<5 Q Il~ A.n rI f, Q-v. r^ 0 Print Name j- 13. .:r~~S S~Ufv\.P Print Name dress ~ ~)- / Igna re h ~~{do~~ ~ ignature 1S, ~~DI2A ~~ P me . . ...' "77. Print Name Address Signature I'D. Print Name Address Signature 79, Print Name Address Signature ~o. Print Name Address Signature '3 \. Print Name Address Signature ~.2. Print Name Address Signature '63. . Pnnt Name Address Signature '1J'Lt Print Name Address Signature CITY COUNCIL AGENDA STATEMENT ~I'f::. CITY OF '~CHUIA VISTA ITEM TITLE: SUBMITTED BY: REVIEWED BY: OCTOBER 16, 2007, Item~ RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA TO APPROVE AN AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF CHULA VISTA TO PROVIDE SECTION 20903 (TWO YEARS ADDITIONAL SERVICE CREDIT) FOR LOCAL MISCELLANEOUS MEMBERS AND LOCAL SAFETY MEMBERS (POLICE AND FIRE) ORDINANCE OF THE CITY OF CHULA VISTA AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF CHULA VISTA AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM (FIRST READING) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA TO APPROVE THE ADOPTION OF THE MEDICAL INCENTIVE PROGRAM FOR ELIGIBLE EMPLOYEES WHO RETIRE UNDER THE TWO YEARS ADDITIONAL SERVICE CREDIT PROVISION Director of Human Resour~es M. ~ CITY MANAGER . '2PJ! /, j ASSISTANT CITY MANAGER;IfI'Ifl 4/5THS VOTE: -YES D NO ~ BACKGROUND Due to General Fund revenue shortfalls projected at $7.4 million for FY08 and $14.7 million for FY09, the City is seeking to implement cost saving measures to balance its current budget. In an effort to avoid or minimize the potential for layoffs, reduce the number of benefited employees and reduce personnel costs in the General Fund, it is recommended the City amend both Local Miscellaneous and Local Safety contracts between 7-1 OCTOBER 16, 2007, Item~ Page 2 of5 the Board of Administration of the California Public Employees' Retirement System (CalPERS) and the City ofChula Vista to provide Two Years Additional Service Credit to all Local Miscellaneous and Local Safety members that retire during a designated 90-day eligibility window. The City is also proposing offering a medical incentive program to encourage eligible employees to retire prior to December 31, 2007. RECOMMENDATION That cOlIDcil adopt the subject Resolution of Intention, and place on first reading the Ordinance, which will amend both the Local Miscellaneous and Local Safety contracts between the Board of Administration of the California Public Employee's Retirement System and the City of Chula Vista to provide Section 20903 - Two Years Additional Service Credit to all eligible City employees that are Local Miscellaneous and Local Safety members. Further, that cOlIDcil adopts the Resolution approving the medical incentive program for eligible employees. DISCUSSION The current California Public Employee Retirement Law allows an early retirement incentive. Government Code Section 20903 provides two years additional CalPERS service credit to members who retire during a designated period. The City must certify that it is its intention that if any early retirements are granted after receipt of service credit pursuant to Section 20903, that any vacancies created or at least one vacancy in any position in any department or other organizational unit shall remain permanently unfilled, thereby resulting in an overall reduction in the workforce of the department or organizational unit. An eligible employee may apply for the benefit during the designated window period, which carmot be less than 90 days or no more than 180 days, subsequent to the effective date of contract amendment. In an effort to maximize the savings realized in FY08, staff is proposing a 90-day window period from November 7, 2007 through February 5, 2008. To be eligible: . Member must have at least 5 years of CalPERS service credit . Member must be employed for at least one day during the designated period · Member must retire during the designated period . Member carmot receive credit under this section if member is receiving any unemployment insurance payments . If retired member subsequently re-enters membership, additional service credit is forfeited Medical Incentive: To further encourage as many eligible employees as possible to retire before the end of the calendar year, so the City may realize the greatest potential salary savings, in addition to the Two Years Additional Service Credit, staff is proposing a medical incentive program, under the City's Retiree Health Plan, to employees who choose to retire during the 90-day window. Under this program, the City would pick up 7-2 -.---- -~.----- OCTOBER 16, 2007, Item3- Page 3 of5 the cost of the medical insurance premium for Employee Only, for up to 24 months. Employees who retire between November 8, 2007 and December 31,2007 would have their Kaiser or PacifiCare medical insurance premium covered by the City for all of calendar/plan year 2008 and 2009. Employees retiring January 1, 2008 - February 5, 2008 would only have their medical insurance premium covered the remainder of calendar/plan year 2008. Employees are required to pay any and all medical insurance premiums for any eligible dependents. Non-benefited, unclassified hourly employees are not eligible for the medical incentive program. DECISION MAKER CONFLICTS: Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently the 500 foot rule found in California Code of Regulations section 18704.2(a)(1) is not applicable to this decision. FISCAL IMPACT The added cost to the retirement fund for all eligible employees who retire during the designated window period will be included in the City's employer contribution rate for the fiscal year that begins two years after the end of the designated period. Government Code Section 7507 requires that the estimated present value of additional employer contributions of the proposed contract amendments be made public at a public meeting. This amount is based on the members' annual reportable compensation, cost factors established by CalPERS actuaries and the fact that the City does contract for Post- Retirement Survivor Allowance. The following estimated cost projection was based on all 318 eligible employees taking the additional two years credit. However, it is estimated that only approximately 25% of the 318 employees that are eligible to retire will take advantage of this CalPERS benefit. Miscellaneous Plan Additional Employer Contribution: Annual Cost: Rate Increase in Employer Contribution: $13,134,496 (over 20 years) $656,725 1.14% Safety Plan (Police and Fire) Additional Employer Contribution (Police): Annual Cost: Rate Increase in Employer Contribution: $1,757,294 (over 20 years) $87,685 0.41% Additional Employer Contribution (Fire): Annual Cost: Rate Increase in Employer Contribution: $1,733,530 (over 20 years) $86,677 0.84% 7-3 OCTOBER 16, 2007, Item2- Page 4 of 5 If all 318 eligible employees were to retire under this program the annual savings would be approximately $33 million. Assuming only 25% of eligible employees actually retire, the annual net savings to the City's General Fund is estimated at $8.25 million. A final list of employees that applied for retirement will be presented to CalPERS after the 90-day application window. CalPERS will include the cost of the Two Years Additional Service Credit in the City's employer contribution rate commencing with the fiscal year starting two years after the end of the designated period. The increase in employer contribution will be amortized over 20 years. The estimated cost of the medical incentive program is $652,800 over the two years. However, the City is saving approximately $1.5 million dollars in cafeteria-style flex benefits for this same group, for an additional net savings to the City's General Fund of $847,200. We will be able to accurately identify the final costs once all eligible employees separate from the City and retire. In addition to the budgetary impacts of $652,800, there will be an impact to the City's unfunded liability for other post-employment benefits (OPEBs). Beginning in fiscal year 2007-08, in accordance with Governmental Accounting Standards Board Pronouncement (GASB) 45, governmental entities will be required to identify and disclose the liability and funding status of their OPEBs similar disclosure requirements to pension plans. The Finance Department is currently working with the actuarial firm of Bartel and Associates to determine the OPEB unfunded liability in order to comply with the new accounting requirement. A full report on the new GASB requirement as well as updated actuarially determined liabilities will be presented to the City Council as part of the year-end financial statement presentation. CONTRACT AMENDMENT PROCESS The process set out by CalPERS for contract amendments is very specific. This item is being presented as an announcement of the City's intention to amend its contract and to present the first reading of the required Ordinance. Pursuant to Section 20471, approval of the contract shall be by Ordinance adopted no less than 20 days between the adoption of the Resolution of Intention and the adoption of the final Ordinance. The second reading and final adoption of the contract amendment will be November 6, 2007. ATTACHMENTS California Public Employees' Retirement System (CalPERS) documents: Exhibit A: Certification of Governing Body's Action Exhibit B: Certification of Compliance with Government Code Section 7507 Exhibit C: Certification of Compliance With Government Code Section 20903 Exhibit D: Amendment to Contract Between the Board of Administration of CalPERS and the City OfChula Vista 7-4 OCTOBER 16,2007, Item2- Page 5 of5 Ordinance Authorizing Amendment to the Contract Between the City Of Chula Vista and CALPERS Estimated Present Value of Additional Employer Contribution Prepared by: Marcia Raskin, Director of Human Resources and Edith Quicho. Benefits Manager, Human Resources 7-5 CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM Actuarial and Employer Services Branch Public Agency Contract Services P.O. Box 942709 Sacramento, CA 94229-2709 (888) CalPERS (225-7377) CERTIFICATION OF GOVERNING BODY'S ACTION I hereby certify that the foregoing is a true and correct copy of a Resolution adopted by the of the (governing body) (public agency) on (date) Clerk/Secretary Title EXHIBIT A PERS-CON-12 (rev. 1/96) 7-6 CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM Actuarial and Employer Services Branch Public Agency Contract Services P.O. Box 942709 Sacramento, CA 94229-2709 (888) CalPERS (225-7377) CERTIFICATION OF COMPLIANCE WITH GOVERNMENT CODE SECTION 7507 I hereby certify that in accordance with Section 7507 of the Government Code the future annual costs as determined by the System Actuary for the increase In retirement benefit( s) have been made public at a public meeting of the of the (governing body) (public agency) on which is at least two weeks prior to the adoption of the (date) Resolution / Ordinance. Clerk/Secretary Title Date EXHIBIT B PERS-CON-12A (rev. 1/96) 7-7 CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM Actuarial and Employer Services Branch Public Agency Contract Services P.O. Box 942709 Sacramento, CA 94229-2709 (888) CalPERS (225-7377) CERTIFICATION OF COMPLIANCE WITH GOVERNMENT CODE SECTION 20903 In accordance with Government Code Section 20903 and the contract between the Public Employees' Retirement System, the City Council of the City of Chula Vista hereby certifies that: 1. Because of an impending curtailment of, or change in the manner of performing service, the best interests of the agency will be served by granting such additional service credit. 2. The added cost to the retirement fund for all eligible employees who retire during the designated window period will be included in the contracting agency's employer contribution rate for the fiscal year that begins two years after the end of the designated period. 3. It has elected to become subject to Section 20903 because of impending mandatory transfers, demotions, and layoffs that constitute at least 1 percent of the job classification, department or organizational unit, as designated by the governing body, resulting from the curtailment of, or change in the manner of performing, its services. 4. Its intention at the time Section 20903 becomes operative is to keep all vacancies created by retirements under this section or at least one vacancy in any position in any department or other org:;lnizational unit permanently unfilled thereby resulting in an overall reduction in the work force of such department or organizational unit. THEREFORE, the City Council of the City of Chula Vista hereby elects to provide the benefits of Govemment Code Section 20903 to all eligible members who retire within the designated period, through CITY COUNCIL OF THE CITY OF CHULA VISTA By: Presiding Officer Attest: Clerk/Secretary EXHIBIT C Date 2yr certiftcation-PA (Rev. 4/04) 7-8 THE A TT ACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL ~IJU~ V\<:\r&~, Ann Moore City Attorney Dated:C)~~ "6 'LtJol ) Amendment to Contract Between the Board of Administration California Public Employees' Retirement System And the City Council City of Chula Vista 7-9 itA CalPERS California Public Employees' Retirement System . AMENDMENT TO CONTRACT Between the Board of Administration California Public Employees' Retirement System and the City Council City of Chula Vista . The Board of Administration, Califomia Public Employees' Retirement System, hereinafter referred to as Board, and the governing body of the above public agency, hereinafter referred to as Public Agency, having entered into a contract effective October 1, 1948, and witnessed August 31, 1948, and as amended effective October 1, 1951, November 1, 1955, January 1, 1960, January 1, 1961, September 1, 1967, September 28, 1973, October 4, 1973, October 8, 1976, April 16, 1981, January 8, 1982, September 28, 1984, July 3, 1987, October 13, 1989, September 27, 1990, November 16, 1990, January 4, 1991, September 6, 1991, October 7, 1994, June 28, 1995, May 29, 1998, April 7, 2000, July 1, 2002, December 27, 2002, June 27, 2003 and August 20, 2004 which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 15 are hereby stricken from said contract as executed effective August 20, 2004, and hereby replaced by the following paragraphs numbered 1 through 15 inclusive: 1. All words and terms used herein which are defined in the Public Employees' Retirement Law shall have the meaning as defined therein unless otherwise specifically provided. "Normal retirement age" shall mean age 60 for local miscellaneous members and age 50 for local safety members. EXHIBIT D 7-10 t\_Ei\.2;~ D:~ ~.: .. , ;.. ~ \ - 2. Public Agency shall participate in the Public Employees' Retirement System from and after October 1, 1948 making its employees as hereinafter provided, members of said System subject to all provisions of the Public Employees' Retirement Law except such as apply only on election of a contracting agency and are not provided for herein and to all amendments to said Law hereafter enacted except those, which by express provisions thereof, apply only on the election of a contracting agency. 3. Employees of Public Agency in the following classes shall become members of said Retirement System except such in each such class as are excluded by law or this agreement: a. Local Fire Fighters (herein referred to as local safety members); b. Local Police Officers (herein referred to as local safety members); c. Employees other than local safety members (herein referred to as local miscellaneous members). 4. In addition to the classes of employees excluded from membership by said Retirement Law, the following classes of employees shall not become members of said Retirement System: NO ADDITIONAL EXCLUSIONS 5. Effective October 4, 1993 and prior to January 1, 1975, those members who were hired by Public Agency on a temporary and/or seasonal basis not to exceed 6 months were excluded from PERS membership by contract. Government Code Section 20336 superseded this contract provision by providing that any such temporary and/or seasonal employees are excluded from PERS membership subsequent to January 1, 1975. Legislation repealed and replaced said Section with Government Code Section 20305 effective July 1, 1994. 6. This contract shall be a continuation of the contract of the Montgomery Fire Protection District, hereinafter referred to as "Former Agency". The accumulated contributions, assets and liability for prior and current service under the Former Agency's contract shall be merged pursuant to Section 20508 of the Government Code. Such merger occurred January 1, 1986. a. All benefits provided under this contract shall apply to all past service for former employees of the Montgomery Fire Protection District. EXHIBIT 0 7-11 .. . , .~., , 7. The percentage of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member in employment before and not on or after December 27, 2002 shall be determined in accordance with Section 21354 of said Retirement Law (2% at age 55 Full). 8. The percentage of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member in employment on or after December 27, 2002 shall be determined in accordance with Section 21354.3 of said Retirement Law (3% at age 60 Full). 9. The percentage of final compensation to be provided for each year of credited prior and current service as a local safety member shall be determined in accordance with Section 21362.2 of said Retirement Law (3% at age 50 Full). 10. Public Agency elected and elects to be subject to the following optional provisions: a. Section 20965 (Credit for Unused Sick Leave). b. Section 20425 ("Local Police Officer" shall include employees of a police department who were employed to perform identification or communication duties on August 4, 1972 and who elected to be local safety members on or before September 28, 1973). c. Section 21325 (One-Time 3% to 15% Increase For Local Miscellaneous Members Who Retired or Died Prior to January 1, 1974). Legislation repealed said Section effective January 1, 2002. d. Sections 21624 and 21626 (Post-Retirement Survivor Allowance) for local safety members only. e. Section 20516 (Employees Sharing Cost of Additional Benefits): Section 21362 2% @ 50 Full formula for local safety members. From and after September 28, 1984 to July 1, 1985 the safety employees of Public Agency shall be assessed an additional 0.341 % of their compensation for a total contribution rate of 9.341 % pursuant to Government Code Section 20516. f. Section 21574 (Fourth Level of 1959 Survivor Benefits). g. Section 20042 (One-Year Final Compensation). EXHIBIT D 7-12 ,...." ,-...,- c--._...... 1<., h. Section 20426 ("Local Police Officer" shall include any officer or employee of a police department employed to perform communication duties and who elected to become a local safety member on August 25, 1973). i. Section 21024 (Military Service Credit as Public Service). j. Section 21623.5 ($5,000 Retired Death Benefit). k. Sections 21624, 21626 and 21628 (Post-Retirement Survivor Allowance) for local miscellaneous members only. I. Section 20434 ("Local Fire Fighter" shall include any officer or employee of a fire department employed to perform firefighting, fire prevention, fire training, hazardous materials, emergency medical services, or fire or arson investigation services as described in Government Code Section 20434). m. Section 20903 (Two Years Additional Service Credit). 11. Public Agency, in accordance with Government Code Section 20790, ceased to be an "employer" for purposes of Section 20834 effective on October 8, 1976. Accumulated contributions of Public Agency shall be fixed and determined as provided in Government Code Section 20834, and accumulated contributions thereafter shall be held by the Board as provided in Government Code Section 20834. 12. Public Agency shall contribute to said Retirement System the contributions determined by actuarial valuations of prior and future service liability with respect to local miscellaneous members and local safety members of said Retirement System. 13. Public Agency shall also contribute to said Retirement System as follows: a. Contributions required per covered member on account of the 1959 Survivor Benefits provided under Section 21574 of said Retirement Law. (Subject to annual change.) In addition, all assets and liabilities of Public Agency and its employees shall be pooled in a single account, based on term insurance rates, for survivors of all local miscellaneous members and local safety members. b. A reasonable amount, as fixed by the Board, payable in one installment within 60 days of date of contract to cover the costs of administering said System as it affects the employees of Public Agency, not including the costs of special vaiuations or of the periodic investigation and valuations required by law. EXHIBIT 0 7-13 c. A reasonable amount, as fixed by the Board, payable in one installment as the occasions arise, to cover the costs of special valuations on account of employees of Public Agency, and costs of the periodic investigation and valuations required by law. 14. Contributions required of Public Agency and its employees shall be subject to adjustment by Board on account of amendments to the Public Employees' Retirement Law, and on account of the experience under the Retirement System as determined by the periodic investigation and valuation required by said Retirement Law. 15. Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System within fifteen days after the end of the period to which said contributions refer or as may be prescribed by Board regulation. If more or less than the correct amount of contributions is paid for any period, proper adjustment shall be made in connection with subsequent remittances. Adjustments on account of errors in contributions required of any employee may be made by direct payments between the employee and the Board. B. This amendment shall be effective on the " '. day of BOARD OF ADMINISTRATION CITY COUNCIL PUBLIC EMPLOYEES' RElIlREMENT SYSTEM CITY OF CHULA VISTA "~ :" ,..l BY LORI MCGARTlAND, CHIEF EMPLOYER SFRVICES DIVISION PUBLIC EMPI,..OYEES' RETIREMENT SYSTEM BY , , PRESIDING OFFIC~R - Witness Date Attest: Clerk AMENOMENT ER# 0195 PERS-CON-702A (Rev, 10\05) EXHIBIT D 7-14 RESOLUTION NO. 2007- RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA TO APPROVE AN AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF CHULA VISTA TO PROVIDE SECTION 20903 (TWO YEARS ADDITIONAL SERVICE CREDIT) FOR LOCAL MISCELLANEOUS MEMBERS AND LOCAL SAFETY MEMBERS (POLICE AND FIRE) WHEREAS, the current California Public Employee Retirement Law allows an early retirement incentive; and WHEREAS, Government Code section 20903 provides two years additional CalPERS service credit to members who retire during a designated period; and WHEREAS, the City must certify that it is its intention that if any early retirements are granted after receipt of service credit pursuant to section 20903, that any vacancies created or at least one vacancy in any position in any department or other organizational unit shall remain permanently unfilled, thereby resulting in an overall reduction in the workforce of the department or organizational unit; and WHEREAS, the Public Employees' Retirement Law permits the participation of public agencies and their employees in the Public Employees' Retirement System by the execution of a contract, and sets forth the procedure by which said public agencies may elect to subject themselves and their employees to amendments to said Law; and WHEREAS, one of the steps in the procedures to amend this contract is the adoption by the governing body of the public agency of a resolution giving notice of its intention to approve an amendment to said contract, which resolution shall contain a summary of the change proposed in said contract; and WHEREAS, the following is a statement of the proposed change: "To provide Section 20903 (Two Years Additional Service Credit) for local miscellaneous members and local safety members." l:\Altorney\RESOIAMENDMENTS\CaIPERS Service Credi15_10-16-07.doc 7-15 Resolution No. 2007- Page 2 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City ofChula Vista does hereby give notice of intention to approve an amendment to the contract between the Board of Administration of the California Public Employees' Retirement System and the City Council ofthe City of Chula Vista to provide Section 20903 (two years additional service credit) for local miscellaneous members and local safety members (police 'and fire). A copy of the amendment is attached and marked as Exhibit D, and by this reference is made a part of the resolution. Presented by Approved as to form by ik~1\~~~ Ann Moore City Attorney Marcia Raskin Director of Human Resources J:\Allorn~y\RESO\AMENDMENTS\CaIPERS Service Cret.lilS_10-16-07 .doc 7-16 ORDINANCE NO. ORDINANCE OF THE . CITY OF CHULA VISTA AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF CHULA VISTA AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM The City Council of the City Of Chula Vista does ordain as follows: Section 1. That an amendment to the contract between the City Council of the City Of Chula Vista and the Board of Administration, California Public Employees' Retirement System is authorized by this Ordinance. A copy of the amendment is attached and marked as Exhibit D, and by this reference is made a part of the Ordinance. Section 2. The Mayor of the City of Chula Vista is hereby authorized, empowered, and directed to execute the amendment for and on behalf of the City. Section 3. This Ordinance shall take effect 30 days after the second reading of the Ordinance, which will be at least 20 days after the date of adoption of the Resolution of intention. The Ordinance will be published at least two weeks prior to the adoption of the final documents and circulated in the City of Chula Vista. NOW, THEREFORE BE IT FURTHER that this ordinance shall take effect and be in full force thirty (30) days after its adoption. Presented by: Approved as to Form by: Marcia Raskin Director of Human Resources ~'(}i ~'\\\ \'\:A ~\J\ Ann Moore City Attorney J:\Attomey\Ordinance\Golden Handshake_10-16-07.doc 7-17 RESOLUTION NO. 2007- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA TO APPROVE THE ADOPTION OF THE MEDICAL INCENTIVE PROGRAM FOR ELIGIBLE EMPLOYEES WHO RETIRE UNDER THE TWO YEARS ADDITIONAL SERVICE CREDIT PROVISION WHEREAS, to encourage as many eligible employees as possible to retire before the end of the calendar year, in addition to the Two Years Additional Service Credit, the City is offering a medical incentive program, under the City's Retiree Health Plan, to employees who choose to retire during the 90-day window; and WHEREAS, employees who retire between November 8, 2007, and December 31,2007, will have their Kaiser or PacifiCare medical insurance premium covered by the City for all of calendar/plan year 2008 and 2009; and WHEREAS, employees retiring January 1,2008, through February 5, 2008, will have their medical insurance premium covered for the remainder of calendar/plan year 2008; and WHEREAS, employees are required to pay any and all medical insurance premiums for any eligible dependents; and WHEREAS, non-benefited, unclassified hourly employees are not eligible for the medical incentive program. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City ofChula Vista does hereby approve the adoption of the Medical Incentive Program for eligible employees who retire under the two years additional service credit provision. Presented by Approved as to form by <~fQ(\\\\,\~~ \~, Ann Moore City Attorney Marcia Raskin Director of Human Resources J:\AttomeyIRESO\AGREEMENTS\MedicaJ Incentive ?rogram_lD-I6-07.(joc 7-18 To strengtJ1en and promote cities as centBls ofopportunfty, leadership, and governance. ~~~ National League of Cities 1301 Pennsylvania Ave., NW. Washington, DC 20004-1753 202-626-3000 Fax: 202-626-3043 \WJW.nlc.org 2007 Officers President Bart Peterson Mayor Indianapolis, Indiana First Vice President Cynthia McCollum CouncilMBmber Madison,Alabama Second Vice President KatI1leenNovak Mayor Northglenn,Colorado Immediate Past President James C. Hunt Councilmember Clart<:sburg,WestVirginia txecutiveOirector DonaldJ.8oM ReqcledPapl!r RECEIVED September 28, 2007 '07 OCT -9 P.8 :31 MEMORANDUM cln OF CHU,LA ~1S,)[. CITY CLERK S Crr;",. TO: Direct Member Cities FROM: Donald 1. Borut, Executive Director SUBJECT: Congress of Cities Voting Delegates The National League of Cities Annual Business Meeting will be held on Saturday, November 17, 2007, at the conclusion of the Congress of Cities and Exposition in New Orleans. As a direct member city, your city is entitled to vote at this meeting, Based on population, each member city casts between one and twenty votes. The number of votes for each population range can be found on the table on the reverse of this memorandum. To be eligible to cast a city's vote, a voting delegate and alternate must be officially designated by the city using the enclosed credentials form. This form will be forwarded to NLC' s Credentials Committee. NLC bylaws expressly prohibit voting by proxy. City elected officials should be made aware of this request so that decisions can be made as to who will be the voting delegate and alternate(s). At the Congress of Cities, the voting delegate must pick up the city's voting card at the credentials booth before the Annual Business Meeting and must be present at the Annual Business Meeting to cast the city's vote. Alternates should also visit the credentials booth before the meeting to pick up their stickers which identify them as alternate voting delegates. The credentials booth will be open throughout the Congress of Cities. Please return the completed form to NLC by fax at 202-626-3043 on or before October 31, 2007, and keep the original for your own files. If you have any questions or concerns, contact Ken Rosenfeld, NLC policy manager, at rosenfeld@nlc.org or 202-626-3027. Thank you. 1A I -I , Past Presidents: ChmmC8 E. AnthollY; Mayor, SlllJth Bav, Florida. John DeStefano, Jr_ Mayor, New Haven. ConnectiM . Brien J. O'Neill, Councilman. Philadelphia, Pennsvlvania .Direr:lDrs; II. Mir:heel Amyx. Executive Diractcr, Virginia Municipal Laagull. Suan Burgess, MBVll_r Pm Tam. Charlotte. North Carolina. Thom,as Carlaoll, Mayor. Springffeld Missouri. Susan Cava, Executive Dil'llClcr. Ohio Municipal Leagua. D&bom Denard Dalgudo, CounCliwoman, Hattiesburg, MissiSSIppI. JOlIaph Doneldstln, Ma\'llr, Flagstaff, Anlona. PlIt EItIUlld, Gaur!::!! MemtJer, Nnvabl. Calilcrma. Tld Ellis, Mayor, Bluffton.lndiana . Maida Ellie, Gauncil Member. Ceder Hill. Tellas . Margem Finlay, Counciimamber, Duarta, California. line Rowers. Coum::ilmamber, St flatersburg, Florida. JQhn Fnlnklin, Co~ilmember. Ch~o~~. Tannsssee. Gary Gl'Ilham, Mayor, D'Fallon. IllinoIs. Donald A. Groesset', Mayor. RaistOtl. NebrasKa. Jeanne Harris. CouncilmemtJer, VancoUl/lll', WasI1ll\qtoo. Daun S. Hater, COUflCII Memller. Nmfolk. Vlrgll\~ . China Hughes, Counciimal1-At4.arga. GaIy, Indiana. Steven Jaffrey. E:<ecutiw Director. Vermont league,of Cities and TOWlIS. Micheel E. Johnsen, Cooneil Me':lber. PhoeniX, Arizona ~ Mlrtin Jones, Coun':ll Mamber. Ganyers. Georgia. Jlnnifer L Kim, Council Member. Austin. Texas. Daisy W. Lynum, CommiSSioner, Orlando. Florida. Mlrgeret Mlhery, ElllCullve Director. Tenneuell Munll;lpallaagull. C'fllthla Mangini, Councilman-AT-large, 81tieki. Connectic\llo Marcia Mercoux, COUflCilmembar, Rochester. Minnesota. Henry Mef]'lffll, Jr., Councilman, GaitllelSoorg, Maryiand. Toat Ed McHugll. E:<ec\lliva DirllCltlf, Louisiana Municipal A$SIlciation . Darryl MII$lI, Mayor, Cl99dmoor, North Carolina. JamllS Perkins, Jr.. Mayor, Salma, Alabama. Daniel Pocek, M~or. B~ord. Ohio. !liCltlrd RedoJiff9, Coun~ilman. Grellnacres, Rurida. Lyno Rell, Executiva Director. LllSllua of NlIlIfaska MunlCipaiilles. Julie Aberg lIobiaon, CounCil Mamber-At-large, Gary, North Garolma. Sbltlay Sclllt. CounCil Member, TucSlln, Arrztma . AltIle Sinchdr. Councii Member, Cuiumbia, South Carolina. Welter Skowron, Council Membllr, Laveland. Colorado. Connie SpryJlczynsrvk. Elecutive OirecW. North Dakota League of Cities. Kin Srrobeck,. Executive Directtlr, Leagua of Arirorlil Cities and Towns. Lynalt Whalen, Council Woman. Casper. Wyoming. Dennis line. Councilman, Los Angeles. Calilcrma NA llONAl lEAGUE OF CITIES 2007 CONGRESS OF CITIES NEW ORLEANS, LOUISIANA Number of Votes - Annual Business Meeting Direct Member Cities Article IV, Section 2 of the National League of Cities bylaws specifies the number of votes that each NLC direct member city is entitled to cast at the Annual Business Meeting at the Congress of Cities. Member cities are required by the bylaws to cast unanimous votes. CITY POPULATION (per 2000 Census) NUMBER OF VOTES Under 50,000 1 vote 50,000 - 99,999 2 votes 100,000 - 199,999 4 votes 200,000 - 299,999 6 votes 300,000 - 399,999 8 votes 400,000 - 499,999 10 votes 500,000 - 599,999 12 votes 600,000 - 699,999 14 votes 700,000 - 799,999 16 votes 800,000 - 899,999 18 votes 900,000 and above 20 votes q .", r7 r--~ , :!S1i , o~(.) I E:;;j-' I ocz }",.- 0 -,,- iij' -.,,, ~ =arQ) U I u.!!x >~ I Ca.,:! ~ - -'(/) .e , '" ..! z '" V'J O!!! "" ! - " " ;J --" lll~ !l OJ' I :t:ca_ 0 - 01" " '5 I "" c " 0 ::l:Z: .~ "-.c "i6 i '" .! -3 In w- 1::: ~ U 01 E ~~ '" .~ in I I-.. u..a: " ~ N Q ...J.5o ~ " Q ~;t '0 , .... 2'0- I '0>': a::i- g > I rz 00 ;:;... 0 >-" ... , - " u..:Z: ~ rzZ ~ .- - 0 i ",< ".. . .CE e. ~ ",... " 01. I o!!! Z .c.'- 0 e=- I ...'" u'" o"J I 0< '" E.,- I >->- :;ES _:!::::.Q) , "'!:! U.:1U i .... =:1:: e ="0 uo'" OU .- " ......."" "0" Z Q ~... .c.C oz'1 0; ".c" V'JO .. - C "'0-0 B ...:i'" Q)tJiCl !g OJ ::E....... Cl -o::g) "::I .- ...J I rz::!'9 ...., ., f- -rz oc" i= I o::ES O"C ~~ .N U ar j ...<.... "':0"-:: j "':z: .. ...0 -0., "-' I -<X .0- 0 ~~:: IOU GIN.! c I ...... "',," ~ I X", =:8 E.cC <III cu-;: ~ Oi' UN 1ii I ... .. >.- - I QZ 0,,- 0 ;; , 2: c. ell . I zQ '" .. t: "tf :g " -0 I ~ ; " <... >'01:: '" I z~ - C'lI._ " . ~ ! !-< 'E'tiDca ,g - =-16 G ~ 0 I 0'" U -... .. ::::I ca'a ~ So ! "'< .. ... C'lI Q. CD t--. " 13 '" > 0 tnO_Q 1i j '" ~ c a. CD 0 ~ OW"N C => , < ~ ~ 2 ;J CI ->, CI - ~ ij) i '" . _c- Cii - u:r ! .... " " c ,- .- C"') 0 I ... . 5 ;Uo_ " " ~ I C. CD CD > CD c EO ~ ".c '" OJ '" (!) I :e- aio " " OJ :;::- "" tnc1iit) 1i " ...J i :2- ~ :::5.~ 0 01 "" OJ I 0 i . C::I"CICU " " I 3 0 .- c.t: -.; ." ill (!) B g:~ ca;" " Q. Z I c 0; - Ol ~ ~ i= Ol ., !-< a:J. 1I):>,.c. c 0 0 I u; ;:: ~ Ci~~C"')- :s " (!) > I ~ OJ I ::Icnlo."'lt > ...J OJ "'- OJ ~ , CCD::IO Cii 1 C"oC7 0 OJ OJ <( 0 >t.foD '0 (!) w w z ::;; :;: i > .... IE ::;; ...J 0:: <( , ~03:'I' 0 z <( f- OJ <( z ! i= z i= '::i Z _N.EN " 0 cO i "'ceDe;) .c ,..; <( '" <C....QN ... > /"l. II ,-, C.-I ~ ""'....., f I- I '-"" ~(~ ~ ~-- _-<i: Mayor and City Council City Of Chula Vista 276 Fourth Avenue Chula Vista, Ca 91910 619.691.5044 - 619.476.5379 Fax OCT 0 9 200~~ ellY OF CHULA VISfA MEMO October 8, 2007 RE: Lorraine Bennett, Deputy City Clerk Jennifer Quijano, Constituent Services Manag~ Aging Commission and Child Care Commission TO: FROM: Mayor Cox would like to recommend Neil S, Wright for appointment to the Aging Commission. Neil will replace Mary Jo Buettner. Mayor Cox would also like to recommend Krisopher Austin for appointment to the Child Care Commission, Krisopher will replace Jerome Sandoval. Please place Mr. Wright and Mr. Austin on the October 16, 2007 Council agenda for ratification and schedule the oath of office for the October 23, 2007 Council agenda, Thank you. cc: Mayor Cox 1C)~i- 07 ~1fiiJ. /11,. ,lJv.h" ,de V'C- ad c. (I, ..d/c/c ~. /16'/ c;u;-re, jf(1:r [0 - \v -o7[J~~ 0;2 ; '-!;~-} ," i ~\I? ~ -- ------ - Mayor and City Council City Of Chula Visla 276 Fourth Avenue Chula Visla, Ca 91910 619.691.5044 - 619.476.5379 Fax OCT 0 9 200~rJ\ enY OF CHUlA VISTA MEMO October 8, 2007 FROM: Lorraine Bennett, Deputy City Clerk Jennifer Quijano, Constituent Services Manag~ Aging Commission and Child Care Commission TO: RE: Mayor Cox would like to recommend Neil S. Wright for appointment to the Aging Commission. Neil will replace Mary Jo Buettner. Mayor Cox would also like to recommend Krisopher Austin for appointment to the Child Care Commission. Krisopher will replace Jerome Sandoval. Please place Mr. Wright and Mr. Austin on the October 16, 2007 Council agenda for ratification and schedule the oath of office for the October 23, 2007 Council agenda. Thank you. cc: Mayor Cox ICY'1~ 07 /71-. ?On;;hf f ~ 4",~ -'$""e;ve oP7 ad '. .dt :..r . /76'1 curre.n~y i (J - \ (J -0 7fJ~~ 10-/ ~ \ ft.. -1'1--: 0lY OF (HUlA VISTA October 15, 2007 TO: Honorable Mayor and City Council FROM: David R. Garcia, City Manager SUBJECT: Absence from Office I will be out of town attending an ICMA VantageTrust Board of Director's meeting from Thursday, October 18th through Sunday, October 21st David Palmer will be Acting City Manager during my absence. He can be reached at 691-5170 or 733-8859 (cell). As always, you can also reach me by cell phone (619) 207-8962. cc: David Palmer Scott Tulloch Department Heads COUNCIL INFORMATION ITEM October 9, 2007 TO: The Honorable Mayor and City Council FROM: Dave Byers, Director of Public workf' Drop Hammer Monument For Rohr Air VIA: David Garcia, City Manager Scott Tulloch, Assistant City Manage SUBJECT: The Goodrich Corporation has donated a "Drop Hammer" to be used as a monument to Rohr Industries. This "Drop Hammer" project will be a partnership between the Friends of the Library, the County of San Diego, and the City of Chula Vista. Rohr Industries was a catalyst in the evolution of Chula Vista, changing it from an agricultural community to our present day community. In the summer of 1941, Fred Rohr opened Rohr Aircraft with 800 employees. After the bombing of Pearl Harbor, Rohr Aircraft increased to 9,000 employees, which brought the need for more housing. New housing replaced the agricultural fields, changing Chula Vista forever. In the 1930s, the outer skins of airplanes were predominately made of fabric. Aluminum was lightweight and durable and quickly became the material of choice. Fred Rohr designed the first drop hammer used in the aircraft industry that could form aluminum pieces. Although the "Drop Hammer" was sold to other companies, its creation is unique to Rohr Aircraft and represents a fitting monument to the company. The Rohr "Drop Hammer" is a very large tool that is approximately 12' high, 6', wide, 8' long, and weighs several tons. It will be placed at Memorial Park next to the Heritage Museum. It will be enclosed within a 6' omamental bar fence. Next to the "Drop Hammer" will be signage explaining to the public what it is, what it was used for, and its impact on the community. The Friends of the Library will pay for the cost for the project through a donation from the County of San Diego. City staff will supervise the installation. Any costs for vandalism, such as fence damage and graffiti, will be absorbed in Public Works Department's budget. On September 26, 2007, the Parks and Recreation Commission endorsed this project with a 5-0 vote. ........ 1I.....f (.111..... CHULA"'VISTA Board Members Scott Alevy Steve Arends Cheryl Cox Greg Cox Jack Ensch Tony Mc Cune Roger Mctighe Steve Millikin Nancy Owen Gene Pellerin Bobby Price Paul Speer Jim Stodola Bob White CHULA VISTA VETERANS HOME SUPPORT FOUNDATION 700 E. NAPLES COURT, CHULA VISTA, CA 91911 (619) 482-6010 To the Honorable Mayor Cox and City Council; Congratulations on your nomination for the Veterans Allegiance Award. Nominations are based on continued support of Veterans and Veterans activities within the county of San Diego. One of the nominations will receive the Veterans Allegiance Award for the county of San Diego at a "Veteran of the Year" luncheon on 2 November 2007. Good Luck, as I believe that The City ofChula Vista is most deserving of this award. Very Respectfully, I#L4 "Keeping the Promise" The Chula Vista Veterans Home Support Foundation is a 501 (c) (3) Organization IRS EIN Number 93-12/3658 2007-2008 Non-Profit Organization of the Year It is my distinct honor to nominate "The City of Chula Vista" as the VOY Non-Profit Organization of the Year for the "Veterans Allegiance Award". This unique honor for a city is based on continuous present and past commitments and for Veterans issues. The city is unique among the 18 incorporated cities in the county in their steadfast and continued support of veterans. Highlights of your support that were submitted to the County Veteran of the Year Program include: · Of the 18 incorporated cities in this county, Chula Vista is the only city with a Veterans Advisory Commission to support awareness and issues regarding military veterans. . Chula Vista is the only city in the county to support the Veteran of the Year program by (a) submitting a Veteran of the Year, and (b) having a ceremony for the Veteran of the Year for the city of Chula Vista. . Enabled land to be available for the construction of the Veterans Home of California - Chula Vista, one of only three veteran's homes in the state, and the only one in the county. This Home is on prime real estate with a panoramic view of the ocean from Mexico to the Point Lorna area. The home has various degrees of care for the elderly and disabled veterans who served honorably in the military service. . Support the awareness of those who gave the ultimate sacrifice by allowing the naming of streets in the city to honor those veterans whose names appear in Memorial Park. Of the 125 names listed in Memorial Park, 99 veterans are currently honored in several areas of the city with streets or bridges having their names. In addition to their name on the street, each sign is in red, white and blue colors with a flag and notation of this individual. RDW Veterans Allegiance Award 10/16/2007 -_,~~-----"-'~"~"""'<<~""'-'''-'~'~''- ~:1a..._ . Support the awareness of these 125 Veterans by allowing the "City of Chula Vista" web site to list the biographies of all of these veterans. Current research has yielded biographical information on 118 of these veterans. The website is www.ci.chula-vista.ca.us/vet . Maintains a Memorial Park, which honors veterans and lists the names of all Chula Vista citizens who were in the military and were killed in action in the past 90 years. This list of (currently) 125 names lists military personnel who died during WWII, Korea, Vietnam, and the Global War on Terrorism. . Maintains a Veterans Park, which has a "Walk of Honor" with commemorative bricks embedded for those sponsored veterans and honors all who served their country. Currently, there are over 1600 commemorative bricks embedded in the Walk of Honor. . Supported the naming of a new school in the Eastern part of the city to be named as the "Veterans Elementary School". . Endorsed the placement of the "Blue Star Mothers By-Way" brass plaques to honor all Blue Star Mothers. These plaques are embedded on boulders in Veterans Park and the Veterans Elementary School. . Supported the naming of another elementary school to be named after a hero ofWWII, and a Silver Star recipient. Joseph Casillas Elementary School is located in the eastern Part of the city. . Provide continued and sustained support for the Veterans Home via endorsing Community Development Block Grant (CDBG) funding for needed "Quality of Life" equipment of the skilled nursing area of the Veterans Home. To date, over $25,000 has been provided for the residents at the Home. Mayor Cheryl Cox is a designated board member of the Veterans Home (non-profit) Foundation as well, and has been most pro-active in her support of the Veterans Home. There are over 18,000 veterans living in The City ofChula Vista The continued support of city hall for Veterans is unwavering. Two City Council members, now state Assembly members, have continued to support veterans at the state Capital in Sacramento. Ex Mayor and present 78th District RDW Veterans Allegiance Award 10/1612007 Assembly member Shirley Horton successfully passed AB-357, enabling"Veterans Quality of Life" initiative to be listed on the California state income tax returns for all citizens to support those currently living in the Veterans Homes of California. Ex-Councilmember and present 79 District Assembly member Mary Salas is currently the Chair for the "Committee on Veteran Affairs" at the state capital. Chula Vista proudly supports Veterans and Veterans Service Organizations, with a Fleet Reserve Post, a Veterans of Foreign Wars Post, two American Legion Posts, an American Veterans (AMVETS) Post and sales store. In addition, the county Disabled American Veterans (DA V) Chapter meetings are held in Chula Vista. A familiar refrain in City Hall is that "Every day is Veterans Day". Indeed, during nearly ten years of working with the city of Chula Vista on Veterans issues, I have found that to be the case all the time. RDW Veterans Allegiance Award 1011 6/2007 ".."..